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FW: Thrasher deposition
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Bill Thrasher
Rebecca Tew
Bill Thrasher
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Thrasher deposition
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From: Rebecca Tew <rtew@gulf-stream.org>
To: Bill Thrasher <bthrasher@gulf-stream.org>
Subject: FW: Thrasher deposition
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Rebecca Tew
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Bill Thrasher
EMPLOYEES - TEMP
Thrasher deposition
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From: Hudson Gill [mailto:hgill@jambg.com]
Sent: Thursday, June 23, 2016 1:43 PM
To: Rebecca Tew <rtew@gulf-stream.org>
Cc: OConnor, Joanne M. <JOConnor@jonesfoster.com>
Subject: Thrasher deposition
Rebecca:
Attached please find a copy of the deposition of Mr. Thrasher along with the two exhibits.
Hudson
Hudson C. Gill, Esquire
Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A.
2455 East Sunrise Boulevard, Suite 1000
Ft. Lauderdale, Florida 33304
PH: 954-463-0100 <tel:954-463-0100>
FAX: 954-463-2444 <tel:954-463-2444>
hgill@jambg.com <mailto:hgill@jambg.com>
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by reply e-mail and destroy all copies of the original message
Bill Thrasher
Bill Thrasher
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/O=GULFSTREAMTH/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=CC9578126D55499EA8C1E79B43F844AE-BILL THRASH
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35c6f80cfb9643479c4299cfa1e1fd5c-Rebecca Tew
35c6f80cfb9643479c4299cfa1e1fd5c-Rebecca Tew
BTHRASHER
BTHRASHER
Bill Thrasher
Bill Thrasher
bthrasher@gulf-stream.org
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IPM.Note
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Bill Thrasher
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bthrasher@gulf-stream.org
bthrasher
Bill Thrasher
Bill Thrasher
101396_THRASHER, WILLIAM.pdf
1 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 9:14-CV-81250-KAM
MARTIN E. O'BOYLE, Plaintiff, v. ROBERT A. SWEETAPPLE and MAYOR SCOTT MORGAN, Defendants. - - - - - - - - - - - - - - - x DEPOSITION OF WILLIAM THRASHER
TAKEN ON BEHALF OF THE PLAINTIFF Wednesday, June 8, 2016 Daughters Reporting, Inc. 1515 North Federal Highway Suite 300
Boca Raton, Florida 33432 1:25 p.m. - 6:03 p.m. Reported by Felecia Curreri, RPR Notary Public, State of Florida 2 Fort Lauderdale, Florida 954-755-6401 Daughters
Reporting, Inc. 1 APPEARANCES ON BEHALF OF THE PLAINTIFF 2 Martin E. O'Boyle, Pro Se 1280 West Newport Center Drive 3 Deerfield Beach, Florida 33442 Michelle Baez,
Esquire 4 5 6 APPEARANCES ON BEHALF OF THE DEFENDANT SWEETAPPLE 7 Cole, Scott & Kissane 8 1645 Palm Beach Lakes Boulevard Second Floor 9 West Palm Beach, Florida 33401
BY: JOSHUA GOLDSTEIN, ESQUIRE 10 Tel: 561-681-5523 Email: Joshua.goldstein@csklegal.com 11 12 APPEARANCES ON BEHALF OF THE DEFENDANT MORGAN 13 Johnson, Anselmo, Murdoch,
Burke, 14 Piper & Hochman, P.A. 2455 East Sunrise Boulevard 15 Suite 1000 Fort Lauderdale, Florida 33304 16 BY: HUDSON GILL, ESQUIRE Tel: 954-463-0100 17
Email: Hgill@jambg.com 18 19 _____________________________ 20 21 22 23 24 25 3 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1
I N D E X 2 TESTIMONY OF WILLIAM THRASHER Page 3 Direct Examination by Mr. O'Boyle 4 4 5 6 7 * * * * * 8 9 E X H I B
I T S 10 11 No. Description Page 12 1 (Drawing) 13 2 (Minutes of Meeting) 14 15 (Exhibits Attached) 16
* * * * * 17 18 CERTIFIED QUESTIONS Page 81 Line 9 19 20 S T I P U L A T I O N S 21 It is hereby stipulated and agreed
by and between counsel present for the respective parties, 22 and the deponent, that the reading and signing of the deposition are hereby reserved. 23 24 25 4 Fort Lauderdale, Florida
954-755-6401 Daughters Reporting, Inc. 1 THE COURT REPORTER: Do you swear or 2 affirm that the testimony you are about to 3 give will be the truth, the whole truth, and
4 nothing but the truth? 5 THE WITNESS: Yes. 6 Thereupon-7 WILLIAM THRASHER 8 was called as a witness by the Plaintiff and, 9 having been first duly sworn,
testified as follows: 10 DIRECT EXAMINATION 11 BY MR. O'BOYLE: 12 Q. Good afternoon, Mr. Thrasher. My name is 13 Martin O'Boyle and I am here along with you this
14 afternoon to take your deposition in a matter 15 pending in federal court styled Martin O'Boyle 16 versus Robert Sweetapple and I believe the Town of 17 Gulf Stream. 18 Are
you familiar with that matter? 19 A. Generally. 20 Q. Okay. What does generally mean? 21 A. I know the case number, I know the style 22 and I believe that there are
two complaints. 23 Q. I'm sorry, I didn't catch that. 24 A. I believe that there are two complaints to 25 the case. Two, I think. 5 Fort Lauderdale, Florida 954-755-6401
Daughters Reporting, Inc. 1 Q. And what would the two complaints be for? 2 A. I believe slander, Sweetapple, and 3 retaliation, Gulf Stream. 4 Q. I see. Okay. 5
So what you meant, just so I'm clear, is 6 that there are two counts in the complaint? 7 A. Okay. 8 Q. Okay. You've been deposed before? 9 A. I have. 10 Q.
About how many times? 11 A. Maybe six. 12 Q. Six? 13 A. Maybe, yes. Generally. 14 Q. Okay. And the six times that you've been 15 -- approximately six times that
you have been 16 deposed, do you remember in connection with what 17 matters? 18 A. No. No, I can't remember at this time. 19 Q. Not a one? 20 A. I do remember one,
yes. 21 Q. And? 22 A. It was a criminal case, State of Florida, 23 I think, versus Martin O'Boyle. 24 Q. Okay. Do you know a Christopher O'Hare? 25 A. I do. 6 Fort
Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 Q. Has he or his counsel ever deposed you? 2 A. Yes. 3 Q. Okay. So that's two you remember now? 4 A.
Well, I don't know the case, but I know 5 that his counsel did depose me. 6 Q. And what was that about? 7 A. Frankly, I don't remember. 8 Q. Could it have been in connection
with 9 Officer Ginsberg? 10 A. Yes, yes. 11 Q. Does that refresh your recollection as 12 to -13 A. Yes, I still don't know what the case was 14 about, but, yes, it was
-- Officer Ginsberg was 15 part of the complaint or something about Officer 16 Ginsberg. 17 Q. And what was the most recent deposition 18 you had? 19 A. It would be in the
State of Florida versus 20 Martin O'Boyle. 21 Q. Do you remember being deposed by Robert 22 Gershman? 23 A. No, I don't remember that. I know that 24 Robert Gershman represented
you in a code 25 enforcement hearing, but I don't know that he 7 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 deposed me. 2 Q. Okay. Do you remember -- take
that back. 3 Do you recall that I deposed you? 4 A. I'm sorry, I don't. 5 Q. Okay. 6 A. Actually, yes, I do remember. You deposed 7 me two and a half days and
that was, I think, on 8 the code enforcement hearing, but I'm not sure of 9 the case, but, yes, you did. 10 Q. If I told you that that wasn't on the code 11 enforcement but rather
with a records suit, would 12 that help your memory? 13 A. No. I would like to correct that. I do 14 remember. I think it was about a public records 15 request lawsuit that
you deposed me on. I can't 16 remember the details but -17 Q. Okay. So that's four of the six times. 18 Can you think of any others? 19 A. Not at this time. 20 Q. Okay.
You do remember when I deposed you 21 in the past, correct? 22 A. I remember you deposed me. I don't 23 remember any of the questions. I think it was a 24 rather long deposition
covering more than one day. 25 Q. When I deposed you, Mr. Thrasher, do you 8 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 recall, I don't remember exactly,
I think you told 2 me you were involved in some fashion in a wrongful 3 death suit? 4 A. I believe I did, yes. 5 Q. Can you tell me a little bit about that? 6 A. I was
District Director for the Water 7 Control District and a delivery truck driver 8 drowned in the canal and I represented the 9 district. 10 Q. I'm sorry? 11 A. I represented
the district in that case. 12 Q. As counsel? 13 A. No, no. You know, I was their face at the 14 trial basically. I was at the trial. 15 Q. Okay. And you said -- I
don't hear the 16 greatest. You said it was a delivery truck guy 17 that drowned? 18 A. I believe it was, yes. 19 Q. And he drowned? 20 A. Yes. 21 Q. And what was
your involvement there? 22 A. I was District Director. That's the time 23 I was the District Director of the District. I 24 wasn't there when the accident took place. 25 Q.
I see. 9 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 A. I just newly hired and they needed 2 representation there from the District. 3 Q. Okay. So
that's five out of the six. Can 4 you think of -- well, let me ask you this. 5 Mr. O'Hare and/or Mr. Rader, did they depose you 6 more than once? 7 A. I don't remember. 8 Q.
Okay. 9 A. I don't think Mr. O'Hare ever deposed me, 10 but his legal counsel did. 11 Q. I'm sorry? 12 A. I said I do not believe Mr. O'Hare deposed 13 me pro se. 14
Q. Oh, no, I don't know how he would have 15 deposed you. I was just asking, I guess, maybe pro 16 se with counsel. 17 A. Whatever. 18 Q. Whatever. 19 A. Yes. 20
Q. And he didn't, to your recollection, more 21 than once? 22 A. I don't recall. 23 The record would speak for itself, I 24 suppose. 25 Q. Pardon? 10 Fort Lauderdale,
Florida 954-755-6401 Daughters Reporting, Inc. 1 A. The record would speak -- whatever that 2 record is is what I believe it would be. I just 3 don't recall at this time. 4
Q. Well, are you talking about the record I 5 have in my hand? 6 A. I'm thinking the legal record that is 7 associated with actions of that nature. 8 Q. How would I be
pointed to those? 9 A. I really don't know. 10 Q. So really that's not a source of you don't 11 know where to go, is it? 12 A. I don't understand that question. 13
Q. Okay. Let me see if I can do a little 14 better job. 15 A. All right. 16 Q. If somehow in some type of existing 17 deposition, or so forth, or document, and you don't
18 know where that deposition or document is, you 19 really can't find it, can you? I mean, you really 20 can't? 21 A. Me? No, I -- I can't find it. 22 Q. Right. And if
you couldn't find it, would 23 you expect me to find it? 24 A. Well, I believe you are capable of finding 25 it. 11 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc.
1 Q. And are you capable of finding it? 2 A. I don't know. I'm not as astute at this 3 sort of thing as you are. 4 Q. Not as what, I'm sorry? 5 A. I am not as capable
at this sort of thing 6 as you are. 7 Q. Can you give me your background, and if 8 you don't mind, I'm just going to ask you to speak 9 a little slower and a little louder. 10
A. Okay. I will try. Yes, sir. 11 Q. Thank you. 12 A. My background starting when? 13 Q. Did you go to college? 14 A. I did. 15 Q. Okay. Let's start
there. 16 A. I attended FAU. I have a BBA and MBA from 17 there. 18 Q. And what is your BBA and MBA in, if that's 19 the right way to say it? 20 A. I believe my BBA
is management and my MBA 21 is concentration in finance. 22 Q. Did you say concentration in finance? 23 A. Yes. That's what I think. 24 Q. Okay. I just want to make
sure I have it 25 right. And what was next? 12 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 A. My first job was with IT&T. 2 Q. You say IT&T? 3 A.
IT&T. I was a cost accountant for a 4 manufacturing line. 5 Q. Are you certified? 6 A. A C.P.A.? 7 Q. Yes. 8 A. No. 9 Q. Just curious, why would you not
have 10 gotten certified? 11 A. I don't like that type of work. 12 Q. I'm sorry? 13 A. I don't like that type of work, that type 14 of detail. 15 Q. I see. And
what period of time did you 16 work for IT&T? 17 A. Frankly I -- I'm going to guess '72 to 18 '74. 19 Q. And what was next? 20 A. Motorola, Phoenix. I think I was the
21 senior accountant financial analyst for them. 22 Q. Senior accountant financial analyst? 23 A. Yes. 24 Q. And what period of time? 25 A. '74 to '76, generally.
13 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 Q. And why did you leave Motorola? 2 A. It was hot. 3 Q. I'm sorry? 4 A. It was hot for one
thing. I didn't like 5 the area and I was offered an option to purchase a 6 family business. 7 Q. And just so that I'm clear, you said hot, 8 H-O-T? 9 A. Temperature, yes.
Very, very hot in the 10 summertime. I didn't like it. 11 Q. That's in Boynton Beach, am I correct, 12 Motorola? 13 A. No, I said Phoenix, Arizona. 14 Q. Phoenix, Arizona.
I'm sorry. 15 A. That's okay. 16 Q. And you left to take over a family 17 business? 18 A. To purchase a family business, yes. It 19 wasn't given to me and it wasn't
a takeover, I had 20 to buy it. 21 Q. And why did you leave IT&T? 22 A. I liked the opportunity. I thought it was 23 a good opportunity and wanted to change. 24 Q. And
when you say it was a good 25 opportunity, are you talking about Motorola? 14 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 A. Yes. 2 Q. Okay. And now
we are up to '76. What's 3 goes next? 4 A. I think I operated the business for 5 approximately ten years and sold it. 6 Q. And when you call it and say the business, 7 this
is the family business? 8 A. The family business that I purchased, yes. 9 Q. Right. But this was the family business? 10 A. Uh-huh. 11 Q. Okay. And you operated
it for about ten 12 years? 13 A. I think so. 14 Q. And was it just you, anybody in your 15 family? 16 A. My wife and I were the purchaser. 17 Q. And who in your
family worked there? Was 18 it just you and your wife? 19 A. In my family who worked? My wife, myself. 20 Part-time, I would have my sons work there, I 21 believe. 22 Q.
I'm sorry, I didn't catch that. 23 A. Part-time my sons worked there. Not much. 24 But primarily my wife and I as far as the owners of 25 the company. 15 Fort Lauderdale, Florida
954-755-6401 Daughters Reporting, Inc. 1 Q. I apologize, again, I still -- I heard you 2 say part-time, my son and then something. I didn't 3 catch the rest. 4 A. I'm thinking
that I was saying that 5 primarily my wife and I worked there. My wife 6 didn't work full-time, she was part-time. I was 7 full-time. 8 Q. Okay. And did you say something about
9 your son working there part-time? 10 A. Well, I don't -- they were there. I don't 11 know if I paid them, but I lived very near the 12 business and family members would come
in and out 13 of the business. 14 Q. So this takes us to about 1986; am I 15 correct? 16 A. These are approximate years and dates and 17 I'll say yes. 18 Q. And what
happened after that? 19 A. I sold the businesses and, in a very short 20 period of time, I did nothing. Maybe a year. 21 Q. So you took it easy for a year? 22 A. It
didn't seem easy, but I wasn't working 23 for a year. 24 Q. Okay. So that takes us to approximately 25 1987? 16 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc.
1 A. Okay. 2 Q. And? 3 A. I was requested to help my wife's cousin 4 in a business that he operated. So I worked for 5 him maybe one or two years. 6 Q. So that
brings us to '88 or '89. 7 A. Okay. I don't know, but -- okay. 8 Q. What was next? 9 A. I applied for a job at the Loxahatchee 10 Groves Water Control District. 11
Q. Did you say Loxahatchee? 12 A. Yes. 13 Q. And did you get that job? 14 A. Yes. 15 Q. What was your position there? 16 A. District Director. 17 Q.
And what does a District Director do? 18 A. I was responsible for budgets, water level 19 controls, maintenance of roads, supervision of 20 employees, representation of the district,
21 day-to-day operations. 22 Q. You said overseeing employees? 23 A. Yes. 24 Q. Now, Mr. Thrasher, unfortunately I guess 25 I'm a slow writer or a bad hearer. 17 Fort
Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 A. That's okay. 2 Q. But I got water level, representation of 3 district, overseeing employees, and you -4
A. Water level control, budgets, supervision 5 of employees, responsible for day-to-day 6 operations, representations in and out of the 7 district. 8 Q. That would be, excuse
me, I don't mean to 9 interrupt, but you say representation in and out of 10 the district? I have representation of district; 11 would that include both of those or is that 12 something
-13 A. I guess representation of the district 14 would be outside and then represented -- I'm not 15 sure. I reported to the board of supervisors, 16 elected body. 17 Q.
And is the board of supervisors who hired 18 you? 19 A. Yes. 20 Q. Okay. And how long were you with the 21 Loxahatchee Water Control District? 22 A. Two years. 23
Q. So I have -- that takes us to '90, '91. 24 What was next, may I ask? 25 A. Well, our number of years are off because 18 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting,
Inc. 1 I think I started working next at Pahokee, City of 2 Pahokee in 1992, April of 1992. 3 Q. Okay. 4 A. I think. I could be wrong on that even. 5 At any rate, I worked
two years at Loxahatchee 6 Groves Water Control and I went to the City of 7 Pahokee. 8 Q. And how long were you there? 9 A. Two years. 10 Q. Two years? 11 A. Two
years. 12 Q. So that would take us to '94, would it? 13 A. It should take me to '96. Somehow, in our 14 stretch of numbers, I guess, I began work with the 15 Town of Gulf
Stream, April of '96. 16 Q. So would I be right, by making a note to 17 say that as we went through this time period, that 18 we missed two years? 19 A. No. We might -- I
don't think we missed 20 my employment activities, but the timeline is off. 21 I just don't know the exact -- where it went askew. 22 Q. But still we missed two years, correct?
23 A. No, I don't -- in regards to employment, I 24 don't think that we did. The numbers are just 25 wrong. 19 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc.
1 Q. Okay. But the result is -- I don't want 2 to argue with you. 3 A. Okay. 4 Q. The result is that if the numbers are 5 wrong, an example, if two and two and two equal
6 eight, we're missing two? 7 MR. GILL: Objection; argumentative. 8 MR. GOLDSTEIN: Joined. 9 THE WITNESS: I don't know how to answer 10 your question,
sir. 11 BY MR. O'BOYLE: 12 Q. Okay. Why did you leave Loxahatchee? 13 A. I was not reinstated as director. 14 Q. Does that mean you were fired? 15 A. No. I had
a one-year, year to year 16 contract, it was not renewed. 17 Q. Do you know why it was not renewed? 18 A. I believe that there was some political 19 activity there. I couldn't
articulate to you what 20 it was, but it was definitely politics. 21 Q. The City of Pahokee, what was your role in 22 the City of Pahokee? 23 A. Finance director. 24 Q.
And in the City of Pahokee, what does a 25 finance director do? What are you responsible for? 20 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 A. Well, the
day-to-day financial operations, 2 supervision of employees, preparation of the 3 budget, maintenance of the budget, attend city 4 commission meetings. 5 Am I going to have
to repeat that? 6 Q. I apologize. I think I got everything. 7 Did you say something about the commission? 8 A. I attended the city commission meetings as 9 the finance director.
10 Q. And anything beyond that? 11 A. I don't remember. 12 Q. Okay. And why did you depart from that 13 job? 14 A. I applied for a job at the Town of Gulf 15 Stream.
16 Q. So you left voluntarily; would that be 17 fair to say? 18 A. That is a way to say it, yes. 19 Q. Is there another way? 20 A. I applied for a job at Gulf Stream.
21 Q. Okay. And I assume you did it 22 voluntarily; would that be fair? 23 A. Nobody forced that upon me. Nobody forced 24 that upon me. 25 Q. Okay. The Town of Gulf
Stream, if I 21 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 recall right, you started out as the finance 2 director? 3 A. I think my title was finance director,
4 assistant to the Town Manager. 5 Q. And how long did you have that position? 6 A. I'm still the finance director, but I 7 don't know when my title changed. 8 Q. Well,
were you interviewed for the job of 9 Town -- let me ask you this. Town Manager is your 10 current position? 11 A. I'm still the finance director, but I am 12 the Town Manager,
yes. 13 Q. Okay. And what is the difference in 14 responsibilities between the finance director and 15 the Town Manager? 16 A. I'm not sure I know how to answer your 17 question.
Not all town managers are also the 18 finance director. The finance director is more 19 involved with supervising the accounting function, 20 whereas the Town Manager could have a
finance 21 director that he supervises. 22 Q. Now, what you just said, was that a 23 general statement as to that title or was that a 24 specific statement as to Gulf Stream? 25
A. It was a statement in regards to the 22 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 general duties of most other managers, municipal 2 managers. 3 Q.
At different towns? 4 A. Yes. Not all managers are also the 5 finance director, they have mostly a finance 6 director report to them, however, I don't have a 7 separate person
handle the finances. 8 Q. So you are the finance director, correct? 9 A. Yes. 10 Q. Okay. And you are the Town Manager? 11 A. Those are two titles, yes. 12 Q.
And they are both yours; is that correct? 13 A. Yes. 14 Q. Okay. And there was a time when the Town 15 Manager and the finance director were two different 16 people, correct?
17 A. Prior to me coming to the Town of Gulf 18 Stream, the Town of Gulf Stream outsourced their 19 accounting activities. 20 Q. They outsourced what, I'm sorry? 21 A.
Their accounting activities. The 22 accounting function and at some point in time, 23 prior to my arrival, it was determined that they 24 needed a separate person inhouse to handle
the 25 accounting functions. 23 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 Q. And that person would be the finance 2 director? 3 A. Yes. 4 Q. What
is the difference in roles between 5 the finance director and the Town Manager? 6 A. I believe that a finance director, in 7 normal circumstances, reports to the Town Manager.
8 Q. Let's focus on the Town of Gulf Stream 9 instead of normal circumstances, if that's all 10 right, and I hear you when you say the finance 11 director reports to the Town Manager,
but my 12 question is not who the finance manager reports to, 13 but rather the difference in their roles. 14 A. Well, for me, it -- I don't know that 15 there's any difference.
I perform both functions. 16 Q. Well, you told me that you were finance 17 director under -- at your predecessor Town Manager? 18 A. I was the finance director assistant
to 19 the Town Manager, correct. 20 Q. But you were the finance director, would 21 that be correct? 22 A. Yes. 23 Q. And there was a different party who was 24 Town Manager?
25 A. That's correct. 24 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 Q. You both didn't do the same thing, did 2 you? 3 A. No. 4 Q. What is
the difference or what was the 5 difference in your roles? 6 A. I'm sure there were several, but I was 7 primarily responsible for the accounting activities 8 of the Town of Gulf
Stream, whereas the manager, 9 whom I reported to, had additional 10 responsibilities. 11 Q. So your responsibilities to the Town of 12 Gulf Stream, when you were finance director,
were 13 what again, if you don't mind? 14 A. The general accounting activities. 15 Q. Okay. Am I correct to assume that you 16 worked with the outside C.P.A.s? 17 A.
We have always had outside auditors. 18 Q. That's what -19 A. Statutes require that for all 20 municipalities. Is that what you mean? 21 Q. Well, my question is -22
A. Okay. 23 Q. -- as finance director, did you work with 24 those outside auditors, C.P.A.s, whatever? 25 A. Yes. 25 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting,
Inc. 1 Q. Whoever they are? 2 A. Yes. 3 Q. Yes? 4 A. Yes. 5 Q. Okay. And did you supply them the 6 information for them to, I guess, do their audit, 7 whatever
it is they do? 8 A. Yes. 9 Q. And now that you're Town Manager, if I 10 am -- if I am getting it, your jobs have sort of 11 molded into one being the job of finance director,
12 which you still hold, and Town Manager; would that 13 be correct? 14 A. I am ultimately responsible for the 15 financial reporting as well as the day-to-day 16 operations of
the Town. 17 Q. And the Town Manager, the only 18 responsibility he has -- Strike that. 19 Am I correct to say that the only 20 responsibility the Town Manager has is overseeing
21 the day-to-day items? 22 A. The only responsibility? 23 Q. Yes. 24 A. No. 25 Q. Okay. Well, what responsibility would the 26 Fort Lauderdale, Florida 954-755-6401
Daughters Reporting, Inc. 1 Town Manager have? 2 A. Town Manager is responsible for the annual 3 budget. He's responsible for assuring that 4 policies and/or ordinances are upheld.
He 5 represents the Town at commission meetings. He 6 represents the Town on outside activities. 7 Q. Let me stop you there for a moment. 8 A. Okay. 9 Q. When you say
outside activities, could you 10 elaborate on that for me? 11 A. Well, the voting delegate at the Florida 12 League of Cities have been assigned that duty, 13 would not be something
that the -- typically any 14 other employee would do. 15 Q. Let me -- excuse me. I heard you say 16 something about the league and voting delegates? 17 A. He is the voting
-- at times, he is the 18 voting delegate at the annual Florida League of 19 Cities meeting. 20 Q. Go ahead. 21 A. Could appear before the Palm Beach County 22 Commissioners,
the County Commissioners. Could -23 Q. Wait. One second. 24 A. Okay. 25 Q. In connection with appearing before the 27 Fort Lauderdale, Florida 954-755-6401 Daughters
Reporting, Inc. 1 Palm Beach County Commissioners, what was the 2 purpose? 3 A. I don't recall what it was. 4 Q. How long ago was it? 5 A. Several years. 6 Q. What
is a voting delegate at the League of 7 Cities? 8 A. I'm not sure I know how to explain it to 9 you, other than it's a voting delegate at the 10 annual meeting that they vote on
-- it could be 11 resolutions, things of that nature. 12 Q. Who divined you to be the voting delegate? 13 A. The commission would do that, if they so 14 chose. 15 Q.
The Gulf Stream Commission? 16 A. Yes. 17 Q. And how long have you been a voting 18 delegate? 19 A. I think each year -- I'm not sure. I 20 think we have to fill out
a form. How many times 21 I've done that, I do not recall. 22 Q. Would it be more than ten? 23 A. No, no, it would be less than ten. 24 Q. Pardon? 25 A. It would
be less than ten. 28 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 Q. Okay. Would it be less than five? 2 A. I don't remember, Mr. O'Boyle. 3 Q.
And did the commission, when they 4 appointed you, did it assume -- for the sake of 5 this question, let's assume it was five years. Did 6 they appoint you five times or just one time
and it 7 kept going? 8 A. No, I believe it's required that the form 9 must be filled out every year. Not every year 10 would the commission necessarily decide to send 11 somebody
or take that option on. I just don't 12 remember, but it's not -- it's not ongoing. Is 13 that your question? 14 Q. I think it is but -15 A. Okay. 16 Q. But we may
be saying different things. 17 A. Okay. 18 Q. What I'm asking is -19 A. How many times my name is on that? I 20 don't recall. 21 Q. Okay. But you were certainly
not a 22 delegate for ten years, it was less than ten years? 23 A. No. In fact, I believe that we -- it 24 could be my recollection that I've only voted once, 25 once, at such
an annual meeting, and we only have 29 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 one vote in the whole number of delegates, so it's 2 more of an alignment with
the activities of the 3 day. 4 Q. Does the commission give you a freehand, 5 and what I mean by that is, do they direct you? I 6 assume there's an agenda when things are coming
up 7 for vote with the league of municipalities or 8 whatever it's called; would that be correct? 9 A. I'm not sure I know what you mean. 10 Q. Okay. In the Town of Gulf
Stream, there's 11 an agenda when there's a meeting? 12 A. Yes. 13 Q. Does the league of -- is it called League 14 of Cities? 15 A. Yes. 16 Q. Okay. Do they have
an agenda when they 17 are having a meeting? 18 A. They -- at the annual meeting, where the 19 votes are cast, there is an agenda, yes. 20 Q. And does the commission tell
you how to 21 vote in connection with an item or the items on the 22 agenda or do they just say go have a ball and vote 23 the way you wish? 24 A. Well, I'm sure you're jesting
a bit. My 25 commission has never told me to go to such a 30 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 meeting and have a ball. I wish that they would, 2 but
they have not. I've only voted once and, no, 3 they did not direct me as to how I would cast that 4 vote. 5 Q. So as the Town Manager, you're a voting 6 delegate and the fashion
in which you vote is up to 7 you? 8 MR. GILL: Object to the form of the 9 question; mischaracterizes the testimony and 10 relevance. 11 THE WITNESS: I don't
remember your 12 question, but I know that I didn't agree with 13 something in your question, so if you'd like 14 to do it, if you would be so kind as to ask me 15 one question
at a time and I'll do my best to 16 answer it for you. 17 MR. O'BOYLE: Okay. Madam Court Reporter, 18 can you read my question back, please. 19 (The question
referred to was read by the 20 reporter as above recorded.) 21 MR. GILL: Same objection. 22 THE WITNESS: I am not always the voting 23 delegate. They assign
me to be the voting 24 delegate if they choose to and the answer is, 25 yes, I do vote as I believe the town would 31 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting,
Inc. 1 want me to vote, but they didn't give me 2 written orders or verbal orders, you will vote 3 this way on certain resolutions. And, again, 4 it happened once. It
was an honor. I go to 5 different meetings, but sometimes they -- I 6 think, but I'm not certain, they assign all 7 five commissioners and myself as voting 8 delegates,
but I'm not sure about that. 9 BY MR. O'BOYLE: 10 Q. Okay. The League of Cities -11 A. Yes. 12 Q. -- what do they do? 13 MR. GILL: Objection; speculation. 14
THE WITNESS: I don't -- I really don't 15 know. I know there's a Palm Beach County 16 League of Cities and there's a Florida League. 17 To describe what they do,
I'm unable to do so. 18 BY MR. O'BOYLE: 19 Q. Have you ever received an award or a 20 recognition from the League of Cities? 21 A. Yes. 22 Q. And what was that for? 23
A. I think I've received more than one and I 24 couldn't tell you what they are for. 25 Q. You can't remember any of them? 32 Fort Lauderdale, Florida 954-755-6401 Daughters
Reporting, Inc. 1 A. Palm Beach County League I received the -2 an award for outstanding achievement. The League 3 of Cities I have received a -- what they call a 4 home rule
hero reward. There may be others. 5 Q. Do you think I'm a criminal? 6 A. I have no idea. 7 Q. So that means I might be in your eyes? 8 A. I don't know if you're
a criminal. 9 Q. Can you say that I am a criminal? 10 A. No. 11 Q. Can you say that I am not a criminal? 12 A. No. 13 Q. Okay. 14 MR. GILL: I would
like to order the last 15 three questions as an expert. 16 MR. GOLDSTEIN: I'll take a copy of that 17 as well. 18 BY MR. O'BOYLE: 19 Q. Did you ever remember my
truck being 20 parked in the parking lot at the Town Hall with a 21 banner on it, either criticizing the Town, 22 criticizing you or criticizing the Mayor; do you 23 remember that?
24 MR. GOLDSTEIN: Object to form. 25 THE WITNESS: I remember on occasion it 33 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 was parked there
with banners on it, yes. I 2 don't recall the banners, what they said or 3 the color or anything like that. 4 BY MR. O'BOYLE: 5 Q. You don't recall the content of any of
the 6 banners that were on the truck at all? 7 A. No. 8 Q. Would that be correct? 9 A. At this point, this sitting, no. 10 Q. Okay. Do you remember the chief of
police 11 telling me to get out of this Town Hall? 12 A. No. 13 Q. Okay. Do you remember me having this 14 camera in the lobby of the Town Hall and you put 15 your nose right
up against it; do you remember 16 that? 17 MR. GILL: Objection; relevance. 18 THE WITNESS: I don't know if that was the 19 camera, but I know that you had a camera
and I 20 came close to the camera, but I did not touch 21 your camera. 22 BY MR. O'BOYLE: 23 Q. Okay. Why did you come close to it? 24 A. I don't recall. I don't remember.
25 Q. Do you remember when the Town put those 34 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 two boards in the lobby? 2 A. Two boards? 3 Q. Yes.
One that said, and it's not exact, 4 but generally, Martin O'Boyle and his alias and 5 Christopher O'Hare, Chris O'Hare and his alias. 6 A. I remember there were boards placed
in the 7 entrance lobby on the north wall. 8 Q. Okay. 9 A. In some form or fashion. 10 Q. Pardon? 11 A. In some order. I don't remember the 12 order. 13 Q.
And who ordered those boards to be placed 14 there? 15 A. I placed them there. 16 Q. You did? 17 A. Yes. 18 Q. Okay. And am I correct in remembering 19 that there
were, in many locations, including that 20 center desk there, newspaper articles that were 21 meant to diminish my standing in the community? 22 MR. GILL: Object to the form
of the 23 question. 24 MR. GOLDSTEIN: Joined. 25 THE WITNESS: I don't know that that was 35 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1
the purpose. 2 BY MR. O'BOYLE: 3 Q. What was the purpose? 4 MR. GILL: Object to the form of the 5 question. 6 THE WITNESS: I believe it was in regards 7
to budget discussions. I'm not sure, but I 8 think so. 9 BY MR. O'BOYLE: 10 Q. The newspaper articles about me had 11 something to do with budgets you say? 12 A. That's
my recollection. 13 Q. Can you tell me where the nexus might be? 14 A. The line item on the budget, legal 15 expenses. 16 Q. And that had what to do with a newspaper
17 article demeaning me? 18 MR. GILL: Object to the form of the 19 question. 20 THE WITNESS: I don't know that the 21 article was demeaning. It was relevant
to the 22 legal activities and expenditures and relative 23 to the line item legal expenditures. 24 BY MR. O'BOYLE: 25 Q. You didn't put them out there, did you, as 36 Fort
Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 a -- representing the content was a matter of fact, 2 did you? 3 MR. GOLDSTEIN: Object to form. 4 MR. GILL:
Join. 5 THE WITNESS: I put them out there because 6 they seemed to resemble illegal activities 7 that created the need to increase our legal 8 budget. 9 BY MR. O'BOYLE:
10 Q. I'm not sure I'm grasping, so let me ask 11 you this. Is what you are saying, that if those 12 articles would not have been there, your legal 13 budget would be different?
14 MR. GOLDSTEIN: Object to form. 15 MR. GILL: Join. 16 THE WITNESS: I'm not saying that at all. 17 I'm saying that the legal budget was very high 18
and I thought that this could allow people to 19 understand why there was a need for the size 20 of the legal budget. 21 BY MR. O'BOYLE: 22 Q. I heard you say something
about make 23 people understand? 24 A. No. Allow people to comprehend or have an 25 understanding why the legal budget was as high as 37 Fort Lauderdale, Florida 954-755-6401
Daughters Reporting, Inc. 1 it was being proposed. 2 Q. How would a newspaper article or articles 3 do that? 4 A. At this sitting, I don't know. 5 Q. Back then when you
did it, were you the 6 one -- Strike that. 7 Were you the one who put the newspaper 8 articles on the tables to be seen by whoever wanted 9 to look at them? 10 A. I did.
11 Q. Okay. Did you do it at anyone's 12 direction? 13 A. No. 14 Q. And your goal in doing that was what? 15 MR. GILL: Object to the form of the 16 question.
17 THE WITNESS: To provide to those who 18 might need a better understanding, to provide 19 to them an understanding why the legal budget 20 had to be so high. 21
BY MR. O'BOYLE: 22 Q. And if the information in those news 23 articles was false, how would that help you with 24 what you just said? 25 MR. GILL: Object to form of the
question. 38 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 MR. GOLDSTEIN: Joined. 2 THE WITNESS: If it were false, I don't 3 think that it would
help me. 4 BY MR. O'BOYLE: 5 Q. I'm sorry? 6 A. If it were false, I don't think it would 7 help me. 8 Q. Okay. Was it false? 9 A. I don't know. I thought it was
accurate. 10 Q. Okay. And one of the articles, and I may 11 have it here with me, said that for each records 12 request, the Town spends three and a half hours for 13 each one;
would that be a true statement? 14 MR. GILL: Object to form of the question. 15 THE WITNESS: I don't know if that was a 16 generalization, but I do not believe
that in 17 all cases that would be correct. 18 BY MR. O'BOYLE: 19 Q. Okay. So when it says what I'm going to 20 call a wholesale basis that the records request 21 take three
and a half hours, that's not a true 22 statement as it applies to the records request, it 23 may be a true statement as it applies to this 24 records request, that records request or
some 25 records request; is that a fair statement? 39 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 MR. GILL: Object to the form of the 2 question. 3
MR. GOLDSTEIN: Joined. 4 THE WITNESS: I don't know the answer to 5 your question. 6 BY MR. O'BOYLE: 7 Q. Where are you struggling with the answer? 8
MR. GILL: Object to the form of the 9 question. 10 THE WITNESS: What did you ask me just 11 then? 12 BY MR. O'BOYLE: 13 Q. I'm sorry. I said, where are you 14
struggling with getting the answer? 15 A. I just don't seem to comprehend or 16 understand your question. 17 Q. Okay. What don't you understand about my 18 question? 19
A. Well, if I don't understand your question, 20 I don't know how to answer that question. 21 Q. Okay. 22 MR. GILL: I would like to mark and 23 possibly order all
the questions going back to 24 when he asked about the newspaper article. 25 I'll let you know if I'm going to order it at 40 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting,
Inc. 1 the end. 2 BY MR. O'BOYLE: 3 Q. Mr. Thrasher? 4 A. Yes, sir. 5 Q. Let's move over to the boards for a 6 second, okay? 7 A. Okay. 8 Q. They were your
idea? 9 A. I don't recall whose idea that was. 10 Q. Now, I may be mistaken in what I wrote 11 down, but I thought you just said it was you? 12 A. You asked me if I placed
the boards there 13 and the answer to that question was, yes, I placed 14 them there. 15 Q. And where did they come from, the boards? 16 A. I believe they came from one of
our 17 special counsel. 18 Q. And which special counsel would that be? 19 A. I believe it was Robert Sweetapple. 20 Q. Okay. Do you remember what the board 21 said?
22 A. No. 23 Q. And why were they out there? 24 A. I believe they were out there for 25 justification or providing better understanding to 41 Fort Lauderdale, Florida
954-755-6401 Daughters Reporting, Inc. 1 the residents that attended the meeting as to the 2 legal expenditures, the size of them and so on. 3 Q. And the legal expenditures that
you 4 have -5 A. Yes. 6 Q. -- which category do they fit into? Do 7 they fit into the defending records suits or do 8 they fit into attacking the person who filed the 9 records
suits? 10 MR. GOLDSTEIN: Object to form. 11 MR. GILL: Join. 12 THE WITNESS: Attacking is an inaccurate 13 position to take. 14 BY MR. O'BOYLE: 15 Q.
How do you know it's inaccurate? 16 A. Because I would not take such a position 17 against anybody and I do not believe that any 18 member of our commission would do that either.
19 Q. Do you know how many either lawsuits or 20 counterclaims that the Town has filed against me 21 this year? 22 A. No. 23 Q. Do you know how much it cost? 24
MR. GILL: Object to the form of the 25 question. 42 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 MR. GOLDSTEIN: Joined. 2 THE WITNESS:
I, individually, the answer 3 is no. 4 BY MR. O'BOYLE: 5 Q. What's does individually mean? 6 A. I don't know what any counterclaim, if 7 they exist, cost. We don't --
we don't accrue 8 expenditures other than in one line item and it 9 just simply says legal. 10 Q. Getting back to those news articles. How 11 was that going to assist or help
in the budget and 12 alert the people of where all the money is going if 13 you are only showing them one half of the equation? 14 MR. GILL: Object to the form of the 15
question. 16 MR. GOLDSTEIN: Joined. 17 THE WITNESS: I don't know. 18 BY MR. O'BOYLE: 19 Q. So what good were those newspaper 20 articles? What could the people
learn from them? 21 MR. GILL: Object; argumentative, 22 relevance. 23 MR. GOLDSTEIN: Joined. 24 THE WITNESS: I don't know. 25 BY MR. O'BOYLE: 43 Fort Lauderdale,
Florida 954-755-6401 Daughters Reporting, Inc. 1 Q. So you don't know what the people could 2 learn from them, right? 3 MR. GILL: Objection; argumentative, 4 relevance.
5 MR. GOLDSTEIN: Joined. 6 MR. GILL: He answered the question, you 7 don't like the answer, that's argumentative. 8 MR. O'BOYLE: Why don't you guys do
this: 9 We'll allow you to every question it could be 10 you could make your objection or whatever it 11 is and then after you get the transcript you 12 can decide which
ones you want to pursue. 13 This way, we'll go along a lot faster and you 14 don't have to make your statements, you'll 15 already have made them. 16 MR. GILL: I don't
think you can agree to 17 standing objections like that, so I'm not 18 going to do it. I'm going to continue to make 19 my objections as I see fit. 20 MR. O'BOYLE:
That's fine. 21 THE WITNESS: Excuse me, Mr. O'Boyle, may 22 I have a break? 23 MR. O'BOYLE: Sure. 24 THE WITNESS: Thank you. 25 MR. O'BOYLE:
You are very, very welcome. 44 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 (A brief recess was taken, after which the 2 following proceedings were had:)
3 BY MR. O'BOYLE: 4 Q. Mr. Thrasher, we are back on the record 5 after having taken a short break at your request. 6 A. Thank you. 7 Q. While we took the break, did you
speak to 8 anyone? 9 A. Yes, I spoke to Mr. Gill. 10 Q. Can you tell me what you spoke about? 11 MR. GILL: I'm going to object to that, 12 instruct attorney/client
privilege. 13 You can't inquire into my conversations 14 with my client. 15 BY MR. O'BOYLE: 16 Q. Okay. And how about Mr. Goldstein, did 17 you speak to him? 18
A. No. No. 19 Q. You seem, maybe I'm mistaken, but you seem 20 somewhat hesitant. 21 A. I was hesitant because prior to us 22 beginning, I thought he asked what the date
was and 23 so I wasn't sure of the timing. 24 Q. Got you. Okay. 25 Back to the boards, the content of the 45 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting,
Inc. 1 boards. 2 A. Okay. 3 Q. Where did that come from? 4 A. I believe it came from special counsel 5 Sweetapple. 6 Q. Am I correct that the boards, the way they
7 were mounted on the easels was as Mr. Sweetapple 8 delivered them? 9 A. No. 10 MR. GOLDSTEIN: Object to form. 11 BY MR. O'BOYLE: 12 Q. Can you explain to me then?
13 A. I placed them in position so as to, I 14 guess, to my preference. 15 Q. I'm sorry? 16 A. Basically to my preference, as far as how 17 it would be seen. 18 Q.
Right. I understand that. But my 19 question is, the content on the board, where did 20 that come from? 21 A. I don't know for sure. 22 Q. Okay. 23 A. The content
itself, I don't know. 24 Q. You, if I'm mistaken, let me know, you put 25 the boards up on the easels? 46 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 A.
I could be wrong, but I think there were 2 two easels and maybe there was a board that was not 3 on an easel, but I'm not sure. I cannot remember 4 for sure. 5 Q. Okay. And
the boards, how did they -6 let's just assume -- you know one board went on an 7 easel, correct? 8 A. A board would go on one easel, yes. 9 Q. And indeed there was at least
one board 10 that was placed on one easel? 11 A. That's how I think I remember it, yes. 12 Q. How did it get there? 13 A. I put it there. 14 Q. And where did it
come from for you to put 15 it there? 16 A. I don't remember exactly how that 17 happened. 18 Q. Was it sitting inside of City Hall; do you 19 know, or Town Hall? 20 A.
I believe they were all, yes, that's what 21 I think. 22 Q. And where was it sitting in Town Hall; do 23 you remember? 24 A. No. 25 Q. Okay. And you said the content
of it, 47 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 when I say you, I'm not putting words in your 2 mouth, if I got it wrong, you'll tell me. 3 A. I'm not
so sure about that. 4 Q. You said that the content of the boards 5 were from Mr. Sweetapple; is that correct? 6 A. I believe the -- I think the boards came 7 from Sweetapple.
I don't know how the content got 8 on the boards. 9 Q. If the boards came from Mr. Sweetapple, 10 did they come with the content? Otherwise, you 11 could have went to Kinkos
for five bucks. 12 MR. GILL: Object to the form of the 13 question. 14 THE WITNESS: I don't understand that 15 question. 16 BY MR. O'BOYLE: 17 Q. Okay.
You know, do you not, that you 18 could buy a mounted piece of paper with nothing on 19 it; am I correct? 20 A. I don't know. 21 Q. You don't know that? 22 A. No, I
don't know that. 23 Q. Okay. You know that there are boards, and 24 when I say boards, Styrofoam, 24 by 36 boards that 25 people use for illustration, for display and so 48 Fort
Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 forth; you know that, correct? 2 A. Yes. 3 Q. Okay. Before that text or graphics or 4 whatever is on that board
was put on there, it was 5 just a blank piece of paper, wasn't it? 6 A. I don't know what that paper looked like 7 prior to being attached to the board, if that's 8 your question.
9 Q. Well, prior to this pad, that I have in my 10 hand, which is a typical eight and a half by 11 11 pad, if there was no writing on here, it would be 12 blank; do you agree?
13 A. No. 14 Q. No. Tell me why you don't agree. 15 A. Well, it has lines on it. So excluding 16 the lines, it's blank. 17 Q. Okay. Excluding the lines, it's
blank. 18 Thank you. 19 The 24 by 36 boards that were in the 20 lobby, they had no lines on them, did they? 21 A. I don't recall. 22 Q. Okay. Where are they now?
23 A. I don't know. 24 Q. Okay. Who took them down? 25 A. I don't know that either. 49 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 Q. What's
an alias? 2 MR. GILL: Object to the form of the 3 question. 4 MR. GOLDSTEIN: Joined. 5 THE WITNESS: I don't know. 6 BY MR. O'BOYLE: 7 Q. Well, on
those boards you said Martin 8 O'Boyle and his aliases? 9 MR. GOLDSTEIN: Object to form. 10 MR. GILL: Join. 11 THE WITNESS: I didn't say anything. 12 BY MR.
O'BOYLE: 13 Q. Pardon? 14 A. I didn't say anything. 15 Q. Well, do you agree that the word aliases 16 was on my board? 17 A. I can't confirm nor deny. I don't 18
remember. 19 Q. Okay. Do you remember anything that was 20 on my board? 21 A. No. 22 Q. Nothing? 23 A. No. 24 Q. So it could have been a picture of Mickey
25 Mouse? 50 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 A. Oh, I know it wasn't that. 2 Q. Donald Duck? 3 A. No. 4 Q. Okay. Was it text?
5 A. Yes. 6 Q. Okay. But you have no idea, no idea what 7 it said? 8 A. I cannot remember a thing about it, no. 9 Q. Did you ever hear that I was there, 10 meaning
at the Town Hall, and I -- you were at the 11 Town Hall that night, were you not? 12 A. There was a Town Hall meeting, I was 13 there. 14 Q. After the Town Hall meeting was
over, 15 where did you go to? 16 A. Immediately, I didn't go anywhere. 17 Q. Okay. Tell me, if you could, sort of step 18 by step what you did once the Town Hall was over.
19 MR. GILL: Mr. O'Boyle, isn't this the 20 subject of the criminal proceeding that you 21 refused to answer questions about when I 22 deposed you? 23 BY MR. O'BOYLE:
24 Q. Mr. Thrasher? 25 MR. GILL: Mr. O'Boyle, is that what you 51 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 are getting into? 2 BY MR. O'BOYLE:
3 Q. Mr. Thrasher? 4 MR. GILL: Are you conducting discovery in 5 the criminal proceeding? Are you conducting 6 discovery in the criminal proceeding? I'm 7 asking
you a question, Mr. O'Boyle. 8 MR. O'BOYLE: I know you are. 9 MR. GILL: Are you going to answer my 10 question? 11 MR. O'BOYLE: I don't think so. 12
MR. GILL: Then I'm going to have him not 13 answer the question at this point. Unless you 14 can tell me how it's relevant to this lawsuit, 15 I don't want to hear
about it. 16 MR. O'BOYLE: You want to instruct him not 17 to answer, go ahead. 18 MR. GILL: That question. 19 MR. O'BOYLE: Go ahead. Instruct him not
20 to answer. 21 MR. GILL: I am asserting an objection to 22 that question and having the witness not 23 answer, because I think you are conducting 24 discovery
in your criminal proceeding right 25 now. 52 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 Is it framed in this complaint? If you 2 can tell me if
it's framed in the complaint, 3 this is framed in your complaint, you can show 4 me where, maybe we can get into it. 5 MR. O'BOYLE: Mr. Gill, I know how I 6 operate,
I know my style and I know my process 7 and if you think you are going to change the 8 way I do things, you are wrong. I'm not going 9 to allow it, so I'm going to proceed.
If you 10 want to instruct him not to answer, I don't 11 have a problem in the world with that, you can 12 go ahead and instruct him not to answer and 13 we'll deal with
it with the judge, unless we 14 can bring Mr. Thrasher back after we have a 15 meeting and confirm. 16 MR. GILL: I'm giving you an opportunity 17 right now to explain
to me how that's relevant 18 to this lawsuit and then I'll consider waiving 19 the objection. 20 MR. O'BOYLE: Yeah, I'm not going to share 21 with you my strategy
and I've made that clear 22 in the past and I'm making it clear again and 23 I apologize if that doesn't sit well with you. 24 I apologize. 25 MR. GILL: I'm just giving
you the 53 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 opportunity to discuss with me how this line 2 of questioning is relevant to the lawsuit. If 3
you are not going to, then we're going to have 4 to move onto something else. 5 MR. O'BOYLE: That's fine. 6 MR. GILL: Okay. 7 BY MR. O'BOYLE: 8 Q. Mr. Thrasher,
you did go to the commission 9 meeting the night of the boards, correct? 10 A. If that was a commission meeting, yes. 11 Q. Okay. While you were in the commission 12 room,
how long were you there? 13 A. I don't recall. 14 Q. Was it moments, half hour, an hour, do you 15 have any idea or no idea? 16 A. To answer the question effectively,
I 17 don't know the answer. 18 Q. Does the Town Manager, does he set policy 19 for the Town? 20 A. No. 21 Q. Who does? 22 A. Town Commission. 23 Q. And when
do they set that policy? 24 MR. GILL: Object to the form of the 25 question. 54 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 THE WITNESS: I
don't know the answer to 2 that question. 3 MR. O'BOYLE: I apologize very much. Can 4 you read that answer back, please? 5 (The question referred to was read
by the 6 reporter as above recorded.) 7 BY MR. O'BOYLE: 8 Q. So you don't know when they set the 9 policy? 10 A. I don't know what policy you are referring 11 to or policies
you are referring to, so, no, I 12 don't know the answer to your question. 13 Q. Any policy. 14 A. They establish a policy through a public 15 hearing with a vote of the commissioners,
16 typically. 17 Q. Tell me, if you will, when the last 18 commission meeting was that they set policy and 19 what they -- where they set policy. 20 A. I don't remember. 21
Q. Okay. Tell me, if you can, when the last 22 time that they -- that you remember a policy that 23 was set by the commissioners. 24 A. Within the last, I'm going to say,
90 days 25 they -- there was a second reading on an ordinance. 55 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 Q. An ordinance is a law, is it not? 2
MR. GILL: Object to the form of the 3 question. 4 THE WITNESS: It becomes -- I don't know 5 the answer to that question. 6 BY MR. O'BOYLE: 7 Q. You don't know
if an ordinance is a law? 8 That's what I'm hearing; is that correct? 9 A. I'm going to say -10 MR. GILL: I object and I would like to 11 mark all the questions about
policy. 12 THE WITNESS: I am not able to answer the 13 question about law. 14 BY MR. O'BOYLE: 15 Q. You do know what an ordinance is, though; 16 am I correct? 17
A. I think so, yes. 18 Q. Is it a law? 19 A. I don't know the answer to that question. 20 MR. GILL: Object to the form of the 21 question. 22 BY MR. O'BOYLE:
23 Q. Then what is it? 24 A. Well, for sure it's an ordinance, but 25 other than being able to answer that for you, I 56 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting,
Inc. 1 can't say. 2 Q. Didn't you just say that you knew what an 3 ordinance was? 4 A. I don't think I did, but if I did, I can't 5 express to you what that ordinance is,
what an 6 ordinance is as it relates to law. 7 Q. Behind the Town Hall building -8 A. Yes. 9 Q. -- someone installed a high row of, I'm 10 going to call them, hedges,
I don't know if they 11 are hedges, and this would be between the northeast 12 corner of the Town Hall and going towards County 13 Road and then I think there's parking spaces that
14 sort of butt up against it. Do you know where I 15 mean? 16 A. I believe so. 17 Q. Why was that installed? Why were they 18 installed? 19 MR. GILL: Object to
the form of the 20 question. 21 THE WITNESS: Aesthetics. 22 BY MR. O'BOYLE: 23 Q. Pardon? 24 A. Aesthetics. 25 Q. Aesthetics. 57 Fort Lauderdale, Florida
954-755-6401 Daughters Reporting, Inc. 1 Who made the decision to install it? 2 A. I did. 3 Q. You did. 4 Now, you've been with the City, if my 5 notes are
correct, about 20 years or so? 6 A. Correct. 7 Q. If it's aesthetics that you put them there 8 for, why did you wait 20 years? 9 A. Budget. 10 Q. Budget? They were
installed last year, 11 correct? 12 A. I don't recall when. 13 Q. Okay. But they were installed within the 14 last year or two; would you say that? 15 A. I would say
within the last two years. 16 Q. Okay. 17 A. I'm not certain. I'm not certain. 18 Q. I understand. 19 And during the last two years, or whatever 20 period that
they were installed, the Town had a 21 legal budget of a million dollars, perhaps an 22 amount less, that you'll tell us about; would that 23 be correct? 24 A. I don't understand
your question. 25 Q. Okay. The Town had a budget in the year 58 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 2014, correct? 2 A. It had a budget in 2014,
yes. 3 Q. Okay. And in that budget there was a line 4 item for legal? 5 A. Correct. 6 Q. Okay. And what was the amount of that 7 line item for legal? 8 A. Well,
2014, I don't know what the budget 9 was. I think the actual expenditure was 500,000. 10 Q. Okay. And in 2015, the Town had a budget; 11 would that be correct? 12 A. Yes.
13 Q. And was there a line item for legal? 14 A. Yes. 15 Q. Okay. And what was the amount of that 16 line item? 17 A. 2015. I -- I believe that the -- I don't
18 remember the budget. The actual expenditure I 19 think was a little over 800,000. 20 Q. Okay. Now, you said that you didn't put 21 those hedges up, and that's what I'm calling
them, 22 because of budget constraints in the past. Have 23 you ever had a legal budget in the last 20 years 24 that you've been either finance director or Town 25 Manager? Have you
ever had a legal budget of 59 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 greater than $500,000 or I should say greater than 2 499,000? 3 A. I believe the
answer is yes. I don't -4 after the fact I'm not -- I don't recall the 5 budget, but I know the legal expenditures are high 6 and the actual expenditures are what actually 7 effects
our, you might say, bottom line. Not the 8 budget, but the actual expenditures. 9 Q. Okay. And where you had the budget for 10 2014 is $500,000? 11 A. I think I said the
actual expenditures. 12 I'm hoping that all of my answers as it relates to 13 legal is talking about the actual expenditures. 14 Q. Mr. Thrasher, I really apologize, but if 15
there's a way that you could speak up -16 A. Okay. 17 Q. -- you'd be helping us both out, I think. 18 A. Okay. 19 Q. All right. 20 A. I'll try. You'll have
to keep reminding 21 me, I believe. 22 Q. I'll try to get you a megaphone. 23 A. That will be all right. I work well with 24 a mic here. I'm used to that. 25 Q. So
anyway, 500,000 was the budget in '14, 60 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 right? 2 A. I don't recall the budget. I'm going to 3 say that I believe
the actual expenditures were 4 approximately 500,000. 5 Q. Okay. And then in '15 it was 800,000? 6 A. Actual expenditures are a little over 7 800,000. 8 Q. And am I
correct that I heard you say that 9 there was a period of, or perhaps more than one 10 period, where the line item legal fees that were 11 spent was higher than $500,000 or higher than
499? 12 A. I believe -- I believe fiscal year, just 13 off the top of my head, I believe that the fiscal 14 year 2015, which we just completed, was a little 15 over $800,000 in
expenditures. 16 Q. I'm sorry, it wasn't clear. 17 A. Okay. 18 Q. You were with the Town for 20 years -19 you've been with the Town for 20 years? 20 A. Yes. 21
Q. You just told me what the expenditures 22 were for 2014 and '15. 23 A. Okay. 24 Q. The 20 years is either '94 or '96? 25 A. Okay. 61 Fort Lauderdale, Florida 954-755-6401
Daughters Reporting, Inc. 1 Q. In that area? 2 A. Yes. 3 Q. Between that period and between 4 December 31st, 2013, was there ever a year when the 5 legal fees exceeded
those in '14, 2014, being 6 500,000 and 2015 being 800,000? 7 A. No, I don't recall any occurrence like 8 that. 9 Q. Okay. If that's the case, unless I 10 misunderstood you,
you said that the hedges were 11 put up by you and I don't mean actually dug a hole, 12 but -13 A. It was my decision. 14 Q. Your instruction. They were put up by you 15
and they weren't put up earlier because you didn't 16 have the money? 17 A. I didn't feel as though I could expend the 18 funds at that time. 19 Q. And how much, ball park,
were those 20 hedges? 21 A. I will guess between 5 and $8,000. 22 MR. GOLDSTEIN: Move to strike based on 23 guessing. 24 THE WITNESS: Sorry. 25 BY MR. O'BOYLE:
62 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 Q. Were you just guessing, Mr. Thrasher? 2 A. I was, yes. I don't know the exact 3 number. 4 Q.
Pardon? 5 A. I don't know the exact number. 6 Q. Now, I sort of lost my place a little bit, 7 maybe you can help me back. 8 A. I won't do that. 9 Q. You had said
between 5 to 8,000 was the 10 cost of -11 A. I'm estimating it to be that. I don't 12 recall -13 Q. Of course. 14 A. -- exactly what it was. 15 Q. But that would
be, generally stated, that 16 would be the amount, correct? 17 A. I think that's a good estimate, yes. 18 Q. Okay. And you felt that you couldn't do 19 it earlier, although
it needed it for aesthetics, 20 you felt that you couldn't do it earlier because of 21 budget constraints and I say earlier, before 2014? 22 A. I had recognized the need for it
maybe two 23 years prior to doing it. I thought it would be a 24 nice addition, but didn't feel comfortable in 25 expending funds for that at the time. 63 Fort Lauderdale, Florida
954-755-6401 Daughters Reporting, Inc. 1 Q. At what time? 2 A. At the time I did it. 3 Q. The time you did it, you did expend funds, 4 did you not? 5 A. Yes. I'll
try to say it again maybe more 6 clearly. 7 I had recognized the need for the hedges 8 to be placed there, in my mind, a couple of years 9 prior to the actual planning of the
hedges, prior 10 to the actual expenditure for the hedges. 11 Q. You lost me. 12 A. Well, I don't know what else to say. 13 Q. Can you just try it again? Maybe I wasn't
14 listening. 15 A. Okay. Approximately two years prior to 16 the actual event, I felt and believed that hedges 17 in that area would be an improvement to the 18 aesthetics of
the property, and I only felt 19 comfortable in doing so when I actually did it. 20 Q. Didn't you feel that way ten years ago? 21 A. I can't recall. I don't know that I 22
thought of it ten years ago, no. I'm not saying -23 I just don't know when I did, but I thought of it, 24 in my own mind, as an area that could be 25 aesthetically improved, the view
from the roadway, 64 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 and many times I went by the roadway and what you 2 would see would be the asphalt parking and
it 3 looked as -- it looked -- it didn't look 4 aesthetically pleasing and it looked like it would 5 be an area that could be improved upon. 6 Q. And that area that you are speaking
of 7 that could be improved upon, it could be improved 8 upon in 2015, 2014, 2010, 2000, 1998, any time 9 while you were there or even before you if the 10 person who had your position
or a different 11 position with that authority decided to do it; am I 12 correct? 13 A. I don't know the answer to that question. 14 Q. Had you ever looked at that area, because
15 I know you park your truck right there, have you 16 ever looked at that area and said to yourself, we 17 got to do something here to beautify it before the 18 two years that you
just told me about? 19 A. I can't say for sure. It's very possible. 20 I try to look at things like that. I know it's 21 important to our residents, landscaping, 22 beautification.
It's very important to them. 23 Q. Do you know where I live, by any chance? 24 A. I'm not for sure where you live. I 25 believe you have property or properties on Hidden
65 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 Harbor Drive. I don't know if you live there in 2 either one of them, but I know you have properties 3 there.
I don't know where you live. 4 Q. Now, when you say the residents wanted 5 that, the hedges, who? 6 A. I said residents like improvements of that 7 nature, like landscaping,
beautification. 8 Q. Has anyone complimented you on that? 9 A. Complimented me, no. 10 Q. So when you say that the residents like 11 that kind of stuff -12 A. Yes.
13 Q. -- where is that coming from? 14 A. Well, it's coming from my exposure to ARPB 15 meetings, reviews, things of that nature. 16 Q. Now, before those hedges, bushes,
whatever 17 they are, were put up, if I park my truck with a 18 banner where the truck was facing north and the 19 banner was facing south, it would be visible from 20 Sea Road, wouldn't
it? 21 A. Yes. 22 Q. Now it's not, though, right? 23 MR. GILL: Object to the form of the 24 question. 25 THE WITNESS: I suppose, depending on 66 Fort
Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 where you parked it and where you were on Sea 2 Road that it would be visible. It's possible. 3 BY MR. O'BOYLE: 4
Q. Wasn't that the intention of putting those 5 hedges up to sort of prohibit me from exercising my 6 First Amendment rights? 7 MR. GILL: Objection to the form. 8
MR. GOLDSTEIN: Join. 9 THE WITNESS: No, it was not. 10 BY MR. O'BOYLE: 11 Q. The Town passed a, I think this was 12 called, parking ordinance? 13 A. Yes, yes,
I don't know if it was parking, 14 but generally speaking, yes. 15 Q. Okay. And that parking ordinance 16 prohibits non City or Town, whatever you want to 17 call it, vehicles
from parking between 7 p.m. and 18 7 a.m.; would that be correct? 19 MR. GILL: Object to the form of the 20 question. 21 MR. GOLDSTEIN: Joined. 22 THE WITNESS:
I don't know the answer to 23 the question. 24 BY MR. O'BOYLE: 25 Q. Okay. Do you remember the parking 67 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1
ordinance? 2 A. Not in detail. I just know that there was 3 one. 4 Q. And besides knowing that there was one, do 5 you remember nothing else about it? 6 A. No. 7
Q. Okay. Do you remember a prohibition for 8 parking in the four spaces out front? 9 MR. GOLDSTEIN: Object to form. 10 MR. GILL: Join. 11 THE WITNESS:
I don't know, prohibition, 12 what that means, but I don't know. 13 BY MR. O'BOYLE: 14 Q. Okay. You know I had a truck, correct? 15 A. You have a lovely truck. 16 Q.
Thank you. 17 A. Or your wife does. I don't know who. 18 Q. Pardon? 19 A. Or your wife. 20 Q. What? 21 A. Your wife has, I think, a white Ford F-150 22 truck.
23 Q. I'm sorry, I'm not hearing you. 24 A. I believe at one time your wife had and 25 titled in her name a white F-150 Ford truck. 68 Fort Lauderdale, Florida 954-755-6401
Daughters Reporting, Inc. 1 Q. How would you know that? 2 A. I've seen it in a police incident report. 3 Q. You've seen it, I'm sorry? 4 A. Police incident report.
5 Q. Police incident. Okay. 6 And have you ever seen that truck with a 7 banner on it? 8 A. Yes. 9 Q. Okay. And do you remember saying to me 10 you are tired
at looking at that truck? 11 A. No. 12 Q. Okay. You don't deny saying that though, 13 do you? 14 A. I don't remember saying it, so I guess I 15 deny it. 16 Q. Pardon?
17 A. I don't remember it, so, I don't know, I 18 guess I'm denying it. I don't remember saying it. 19 Q. That's fine. 20 Are you familiar with a comprehensive -21
and I'm not going to say I'm saying it right, 22 hopefully you'll correct me -- comprehensive land 23 use management or something like that? 24 A. Comprehensive plan, yes. 25
Q. Can you say it, please? 69 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 A. Comprehensive plan? 2 Q. Yes, yes. 3 Have you ever looked at
that? 4 A. I have on occasion. It's not a document 5 that I use frequently. 6 Q. Have you ever looked at it, the provision, 7 that talks about recreation and talks about
8 parking? 9 A. I've read it. I don't recall it, but I've 10 read everything in the comprehensive plan. 11 Q. I would like to try to jog your memory and 12 that is the comprehensive
plan and tell me if you 13 disagree with me, if you would. 14 "The comprehensive plan provides for the 15 parking in the Town Hall to be open to everyone 16 without restriction."
17 MR. GILL: Object to form of the question. 18 THE WITNESS: I don't recall it saying 19 that. I don't know that it does or not say 20 that. 21 BY MR. O'BOYLE:
22 Q. Can you repeat it? Mr. Gill sneezed, I 23 didn't hear you. 24 A. Could you repeat the question, Court 25 Reporter? 70 Fort Lauderdale, Florida 954-755-6401 Daughters
Reporting, Inc. 1 (The question referred to was read by the 2 reporter as above recorded.) 3 THE WITNESS: I don't recall that in the 4 comprehensive plan. 5 BY
MR. O'BOYLE: 6 Q. Do you recall anything about parking in 7 the comprehensive plan? 8 A. I believe that it talks about beach 9 parking specifically. Other than that, I do
not. 10 Q. Have you ever been to the beach at night? 11 A. Well, I can't say I have. 12 Q. Would you agree with me that other people 13 have? 14 A. I have no knowledge
of that. 15 Q. Have you ever been on the beach at all? 16 A. Yes. 17 Q. And what was the earliest you were there? 18 A. I don't know the time, but it was sunrise.
19 Q. Sunrise? 20 A. Yes. 21 Q. And would that have been in the winter, 22 the summer, the fall? When? 23 A. This is embarrassing, but it was Easter 24 time. 25
Q. That would have been before 7 a.m., 71 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 wouldn't it? 2 A. I don't know the time. 3 Q. Could it have
been before 7 a.m.? 4 A. I don't know, Mr. O'Boyle. 5 Q. You don't even know if it could have been? 6 A. No. 7 Q. So am I correct that we can't say that it 8 was
after 7 a.m.? 9 A. I don't know the time. 10 Q. Okay. You did say Easter, correct? 11 The sky, was it blue, was it dark? What 12 was it? 13 A. Well, I was there
for the sunrise and I 14 don't recall anything specific. 15 Q. And what year would this have been? 16 A. I don't remember. Some time ago. 17 Q. The land management or
land, whatever you 18 called it, I think you had it right, I had it 19 wrong, you did know about the parking provision in 20 there, correct? 21 MR. GILL: Object to the form
of the 22 question. 23 THE WITNESS: I know there's a discussion 24 about beach parking. There is an excerpt 25 about beach parking. What it says exactly, I 72 Fort
Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 do not recall. 2 BY MR. O'BOYLE: 3 Q. Okay. The parking ordinance that was put 4 into effect recently, when I say
recently, maybe 5 last couple of years. 6 A. Right. 7 Q. You, as the Town Manager, the CEO, 8 whatever your role is, would you have borned that? 9 MR. GILL: Object
to the form of the 10 question. 11 THE WITNESS: Is that your question? 12 BY MR. O'BOYLE: 13 Q. Yes. 14 A. What do you mean by born? 15 Q. Been the father
of it. You created it. 16 You made it happen. 17 A. The parking ordinance? 18 Q. Yes. 19 A. No, I did not. 20 Q. Who did? 21 A. The attorneys representing
the Town. 22 Q. And when you say attorney representing the 23 Town, the town attorney? 24 A. I don't recall which attorney. I think it 25 was our general counsel, yes. 73
Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 Q. When you say general counsel, you mean 2 Mr. Randolph? 3 A. Yes. 4 Q. And he would be the town attorney,
5 correct? 6 A. Well, the town attorney is the firm of 7 Jones and Foster, is the representative of the firm 8 at our meetings. 9 Q. So I'm clear, is Mr. Randolph the town
10 attorney or is the firm the town attorney? 11 A. I believe the firm is our representation 12 and he represents the firm at our meetings. 13 Q. Can you speak up? I'm sorry.
14 A. I believe our counsel is Jones and Foster. 15 He represents Jones and Foster at most of our 16 meetings. 17 Q. Okay. This lawsuit, putting aside the 18 Sweetapple portion,
is First Amendment retaliation. 19 Do you agree that there's been First Amendment 20 retaliation against me? 21 MR. GILL: Object to the form of the 22 question. I would
like the question ordered. 23 You can answer, if you can. 24 MR. GOLDSTEIN: Joined. 25 THE WITNESS: I do not believe so. 74 Fort Lauderdale, Florida 954-755-6401
Daughters Reporting, Inc. 1 BY MR. O'BOYLE: 2 Q. What's your definition of First Amendment? 3 MR. GILL: Same objection. 4 I'll mark that to order possibly. 5
THE WITNESS: I don't have an answer to 6 that. 7 BY MR. O'BOYLE: 8 Q. Do you know? 9 A. No. 10 Q. Okay. Fair enough. 11 The five commissioners: Are
they still 12 Mayor Morgan, Mr. Stanley, Ms. White, Ms. Orthwein 13 and Mr. Ganger? Are they the five? 14 A. Yes. 15 Q. Okay. And at the last meeting on 16 May 13th, was
everybody there? 17 A. I believe so. 18 Q. And you were there, of course; am I 19 correct? 20 A. Yes. 21 Q. The public records. Is the League of 22 Cities in favor
of the current law or are they 23 against the current law? 24 A. Personally, I don't know. 25 MR. GILL: Object to the form of the 75 Fort Lauderdale, Florida 954-755-6401
Daughters Reporting, Inc. 1 question. 2 BY MR. O'BOYLE: 3 Q. Pardon? 4 A. Personally, I don't know. 5 BY MR. O'BOYLE: 6 Q. Were you up in Tallahassee with Mr. Ganger
7 speaking before the legislature, or whoever it was, 8 the Senate, the government? 9 A. No. 10 Q. He was there by himself? 11 MR. GILL: Object to the form of the
12 question. 13 THE WITNESS: I don't know the answer to 14 that. 15 BY MR. O'BOYLE: 16 Q. Did he come back and report what went on 17 up there? 18 A. I don't
recall. I think at one time he 19 did report to the commission or made a comment in 20 regards to it, but as far as a report, I don't know 21 of such a thing. 22 Q. I'm sorry?
23 A. I don't know of such a report. 24 Q. When I say a report, I'm not talking about 25 a booklet, I'm talking about, hey, guys, I was up 76 Fort Lauderdale, Florida 954-755-6401
Daughters Reporting, Inc. 1 in Tallahassee and here is what happened, I just 2 wanted to keep you guys abreast. That kind of 3 report. 4 A. I think so. I don't recall, but I
think 5 so. 6 Q. The Town, if I'm recalling correctly, at 7 the end of each meeting or maybe at the beginning 8 of each meeting, better said, during each meeting, 9 the Mayor usually,
or I say usually, every time 10 I've been there, he has asked is there anybody who 11 can't make the next meeting. Did you ever hear him 12 say that? 13 A. He asked the general
question of upcoming 14 meetings, yes. 15 Q. For the next one. 16 A. The next one is included in the upcoming 17 meetings are several of them. 18 Q. Yes. And he asked
that. 19 Do you know what the reason is that he 20 asked that? 21 A. Make sure we have a quorum, I believe. 22 Q. I see. 23 Is there -- I think there's a meeting
24 coming Friday; am I correct? 25 A. Yes. 77 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 Q. Okay. Do you anticipate a quorum based 2 upon the last
meeting? 3 A. Yes. 4 Q. Do you anticipate any absences based upon 5 the last meeting? 6 A. I don't recall what was said at the last 7 meeting. 8 Q. I understand.
But my question was, do you 9 anticipate any absences? You either do anticipate 10 or you don't anticipate it, I think. 11 A. I do. 12 Q. You do anticipate absence? 13
A. Yes. 14 Q. Who would that be? 15 A. I believe Mayor Morgan. 16 Q. I see. I see. Okay. 17 Mr. Thrasher -18 A. Yes, sir. 19 Q. -- have you ever
heard anyone use my name 20 in a derogatory fashion? 21 MR. GOLDSTEIN: Object to form. 22 MR. GILL: Join. 23 THE WITNESS: I don't recall. 24 BY MR. O'BOYLE:
25 Q. Have you ever heard anyone call me a 78 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 racketeer? 2 A. I don't recall. 3 Q. Have you ever heard
anyone call me a 4 criminal? 5 A. I don't recall. 6 Q. But it's possible? I know you don't 7 recall, you said that, but just because you don't 8 recall, obviously that doesn't
mean it didn't 9 happen, correct? 10 A. I don't remember it happening, so 11 therefore I don't know. 12 Q. But if you don't remember it didn't 13 happen, that doesn't mean
it didn't happen, does 14 it? 15 A. I think it's a hypothetical question to me 16 and I don't have an answer for you. 17 Q. I apologize, I'm getting confused. 18 A. Perhaps
we should conclude. 19 Q. Perhaps. Perhaps. 20 Is there any chance that you heard anybody 21 refer to me as a criminal? 22 A. I don't think so, but I don't recall.
23 Q. Okay. Now, when you say you don't recall, 24 I understand that. 25 A. Good. 79 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 Q. But that --
what that means to me is you 2 don't remember, which means to me that if you don't 3 remember, that doesn't exclude it, that just means 4 you don't remember and, am I correct, that
you just 5 don't remember? 6 MR. GOLDSTEIN: Object to form. 7 MR. GILL: Join. 8 THE WITNESS: I think your question is 9 confusing to me. 10 BY MR. O'BOYLE:
11 Q. Can you speak up, please? 12 A. Your question is confusing to me. You're 13 taking me into your mind thoughts and I -- I don't 14 know what you think and I don't know
what you are 15 theorizing. I don't remember hearing such a thing. 16 Q. Have you ever heard of the Coastal Star? 17 A. Yes. 18 Q. Tell me what you know about the Coastal
19 Star. 20 A. It's a local newspaper. 21 Q. Do you know anyone involved with the 22 Coastal Star, meaning the reporters, the owners? 23 A. I know of them. 24 Q.
Okay. Who do you know of? 25 A. I think there's Mary Fleming maybe. Danny 80 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 Moffitt. I know of them. Maybe
a couple of others 2 if I could -- I don't remember right now, but those 3 seem to be associated with the paper. 4 Q. Well, you have spoken to Mr. Moffitt on 5 occasion, have you
not? 6 A. I have. 7 Q. Public records. What is that -- what are 8 the public records? What's the law, do you know, 9 that guides the public records? 10 A. No. 11
Q. Okay. Have you ever heard of Chapter 119? 12 A. Yes. 13 Q. And you did not know that that was the law 14 that governed public records, of course, beyond the 15 common
law? 16 A. I believe your question asked me if I know 17 of the law or about the law. When you ask such a 18 question, not being an attorney, to me, that's a 19 very broad and
open area of which I have no 20 knowledge. 21 Q. Okay. Just so I'm clear, you have no 22 knowledge that Chapter 119 in the Florida statutes 23 is what's commonly known as the
records law or is 24 what governs the records request? 25 MR. GILL: Object to the form of the 81 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 question.
2 THE WITNESS: I know that Chapter 119 of 3 the Florida statutes deals and controls and 4 explains the public records concept and 5 requirements. 6 BY MR. O'BOYLE:
7 Q. Okay. Have you ever read Chapter 119? 8 A. I have. 9 Q. Okay. And are there any areas you think 10 are unfair to the Town of Gulf Stream? 11 MR. GILL:
Object to the form of the 12 question. 13 I would like to certify that question. 14 THE WITNESS: I trust the courts. I don't 15 have any idea legally whether
they are unfair 16 or have any other reason to say that they are 17 unfair. It is the public records law that 18 organizations, public organizations are bound 19 to uphold
and obligate themselves to. 20 BY MR. O'BOYLE: 21 Q. Now, of course, you know there's a 22 legislature in Florida, correct? 23 A. Yes. 24 Q. And are you aware that Chapter
119, its 25 content and any revisions to its content, must go 82 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 through the Florida legislature? Are you aware of
2 that? 3 A. Could you repeat the question? 4 Q. Yes. 5 Chapter 119. Was Chapter 119 -- the 6 Florida legislature developed Chapter 119 and that 7 any modifications
will be made by the Florida 8 legislature? 9 A. Yes. 10 Q. You are aware of that, correct? 11 A. Yes. 12 Q. And you just brought up you trust the 13 courts. Do
you not trust the legislature? 14 MR. GILL: Object to the form of the 15 question. 16 MR. GOLDSTEIN: Joined. 17 THE WITNESS: I have no reason not to 18
trust them. I have no reason not to trust 19 them. That's what they are there for. They 20 are elected officials and I respect them. 21 BY MR. O'BOYLE: 22 Q. Okay.
So if the legislature passes a law, 23 as a good citizen of the State of Florida, you 24 would respect their judgment and abide by that law, 25 correct? 83 Fort Lauderdale, Florida
954-755-6401 Daughters Reporting, Inc. 1 MR. GILL: Object to form of the question. 2 THE WITNESS: I would obligate myself to 3 current written law, yes. I believe
that's a 4 responsibility. 5 BY MR. O'BOYLE: 6 Q. Okay. And when you say current written 7 law, you are talking about statutory law, correct? 8 A. Yes. 9 Q. How many
records requests has the Town 10 received in the last two years? 11 A. I don't know the exact number. I would 12 say it's around 1,500 to 2,000. 13 Q. And do you have any
problems with that 14 number, 1,500, 2,000? 15 MR. GILL: Object to the form of the 16 question. 17 MR. GOLDSTEIN: Joined. 18 THE WITNESS: It is the individual's
right 19 to submit public records request at will. 20 BY MR. O'BOYLE: 21 Q. You said it's the individual right to -22 A. Submit public records requests at will. 23 Q.
At will. Okay. 24 So if I submitted 10,000 records 25 requests - 84 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 A. Please don't do that. 2 Q.
I won't. 3 MR. GILL: That's on the record, he said 4 he's not going to do it. 5 THE WITNESS: I believe you could do that. 6 BY MR. O'BOYLE: 7 Q. If I submitted
10,000 requests -8 A. Yes. 9 Q. -- how would the Town react? 10 MR. GILL: Object to the form of the 11 question. 12 I would like to mark all these questions
13 about public records and Chapter 119 that I 14 will order. 15 THE WITNESS: How would the Town react? 16 BY MR. O'BOYLE: 17 Q. Yes. 18 A. I don't know. 19
Q. Has anyone in the Town done an analysis to 20 see how much of the legal fees spent -- were spent 21 defending as opposed to, I use the term attacking, 22 if somebody has a better
term, that's fine, but 23 whether it be a counterclaim, filing bar 24 complaints, charging my son with UPL, whatever it 25 is. Has anyone ever done that analysis? 85 Fort Lauderdale,
Florida 954-755-6401 Daughters Reporting, Inc. 1 MR. GILL: Object to the form of the 2 question. 3 THE WITNESS: May I ask you to repeat the 4 first part of his
question? 5 (The question referred to was read by the 6 reporter as above recorded.) 7 THE WITNESS: Okay. I don't know what you 8 mean by Town. 9 BY MR. O'BOYLE:
10 Q. Town of Gulf Stream. 11 A. I could not answer that question. 12 Q. Why not? 13 A. Town of Gulf Stream encompasses a thousand 14 residents. 15 Mr. O'Boyle,
may I request another break? 16 Q. Absolutely. 17 A. Thank you. 18 Q. Absolutely. 19 (A brief recess was taken, after which the 20 following proceedings were
had:) 21 BY MR. O'BOYLE: 22 Q. Mr. Thrasher, I asked you before the 23 break, and I'm sorry, but I'm not clear on your 24 answer, has the Town or anyone in the Town done an 25
analysis as to the defense versus the counterclaims 86 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 or the things that fit into one is defending and 2 the other
is, I guess, pursuing? I'm not sure of 3 the right term. 4 A. I don't know. 5 Q. You don't know if anyone has done an 6 analysis? 7 A. No. 8 Q. I assume no one
has told you that they did 9 an analysis? 10 A. True. 11 Q. Outside of ordinances and resolutions, is 12 it the City or the Town fathers, the five 13 commissioners who set
the policies, or is it you? 14 MR. GILL: Object to the form of the 15 question. 16 THE WITNESS: I think it's both on certain 17 possible issues. I just can't
recall. 18 BY MR. O'BOYLE: 19 Q. I'm sorry, Mr. Thrasher? 20 A. I believe it's both, but I cannot 21 articulate an example of either of those 22 activities. 23 Q. Did
you say activities? 24 A. Activities, yes, as far as setting policy. 25 Q. Okay. Where is the line of demarkation 87 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting,
Inc. 1 applicable to the policy as set by the Town 2 Manager, the policy as set by the Commission? 3 MR. GILL: Object to the form of the 4 question. 5 THE WITNESS:
I don't have an answer. I 6 don't know. 7 BY MR. O'BOYLE: 8 Q. But you do set policies? 9 MR. GILL: Object to the form of the 10 question. 11 THE WITNESS:
I don't know if it would be 12 considered policies, potentially policies as 13 it relates to, say, for example, the bottled 14 water will not be positioned in this area 15
going forward, it will be positioned in this 16 area, and that's the way I might like it to be 17 carried out. 18 BY MR. O'BOYLE: 19 Q. And when you say the bottled water,
you 20 are talking about one of those big bottles of water 21 and you might have it on the left side of the 22 kitchen and you move it to the right? 23 A. Right. Just as an example
of policy that 24 if it's truly a policy, defined as a policy, 25 definition of a policy, that's something I might 88 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc.
1 do. 2 Q. And who would set the policy as to 3 removing signs? 4 MR. GILL: Object to the form of the 5 question. 6 THE WITNESS: I don't know that we have
7 such a policy, but I would not be that person. 8 BY MR. O'BOYLE: 9 Q. The chief of police, who does he report 10 to? 11 A. Well, I believe he reports to just about 12
everybody, the Town Commission, on occasion he can 13 report to me, and, of course, in certain respects 14 aligns himself with the residents of Gulf Stream. 15 Q. But I'm assuming
that he has one boss? 16 I say that because if Fred told him yes 17 and Ned told him no, he wouldn't know what to do; 18 where if Fred was his only boss and he said yes, 19
he'll know exactly what to do? 20 A. I don't believe that functionally the 21 chief reports to anybody but the commission. 22 Q. I'm sorry, I didn't catch that last part.
23 A. I don't believe he reports to anybody 24 other than the Town Commission. 25 Q. You are talking about the chief of police? 89 Fort Lauderdale, Florida 954-755-6401 Daughters
Reporting, Inc. 1 A. Yes. 2 Q. Okay. So when the Town Commission wants 3 something done where the chief's services are 4 involved, how does that work? Can you help me out
5 here? 6 MR. GILL: Object to the form of the 7 question. 8 THE WITNESS: I have no idea what you are 9 referring to, so I don't have an answer to 10 that
question. 11 BY MR. O'BOYLE: 12 Q. Well, if somebody in the hierarchy, 13 yourself, the commission, wanted the chief to 14 patrol Hidden Harbor more, there are robberies, 15 whatever
the case is, who would give him that 16 directive? 17 A. I don't -- in that regard, in that 18 instance, that example that you just spoke of, I 19 don't believe anybody would give
him that 20 directive. 21 Q. I'm sorry? 22 A. I don't believe anybody would give him a 23 directive, it would be his decision as it relates 24 to safety and providing for
the well-being of the 25 residence on Hidden Harbor. 90 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 Q. Then what would the Town fathers, using 2 yourself
and the commissioners, what would they -3 how would they interact with the chief, and I'm 4 sure they've interacted in the past as you may have 5 interacted in the past as well, in
what connection 6 would they interact? What I think I just heard you 7 say is, and correct me if I'm wrong, is where 8 there's a series of burglaries, the chief doesn't 9 have to be
told to go and patrol more there, but 10 there are other areas where I'm sure that the chief 11 of police is taking direction from someone; would 12 that be fair? 13 MR. GILL:
Object to the form of the 14 question. 15 THE WITNESS: No, I don't think that's 16 accurate. As it relates to me, when there 17 could be a situation like that, hypothetical,
18 I would ask him to investigate and give me an 19 incident report, you know, but when it comes 20 to legal matters, state laws, I can't help 21 him. 22 BY MR. O'BOYLE:
23 Q. So then you are the chief's boss, if you 24 ask him to do something? 25 A. No, I didn't say that. I don't believe we 91 Fort Lauderdale, Florida 954-755-6401 Daughters
Reporting, Inc. 1 have that line of organization. I ask him to 2 consider investigating and make the proper lawful 3 decision. 4 Q. And if he said no, what would happen? 5
A. He says no. 6 Q. So that would be the end of it? 7 A. That would be the end of it. 8 Q. I see. I see. 9 The town attorney, who I understand it is 10 Mr.
Randolph, has he ever given an explanation to 11 you or any of your subordinates as to what Chapter 12 119 means and how to operate within the confines of 13 it? 14 MR. GILL:
Object to the form of the 15 question. 16 THE WITNESS: Has he ever done what? 17 BY MR. O'BOYLE: 18 Q. Has he ever given an explanation as to 19 what it means and
how to operate within the 20 confines of it? 21 A. The answer to that would be yes. 22 Q. And when did he do that? 23 A. I don't recall. 24 Q. Okay. Was it this
year? 25 A. No. 92 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 Q. Was it in the past three years? 2 A. I don't recall. 3 Q. So it could have
been? 4 A. Yes. 5 Q. Longer than three years ago? 6 A. Oh, I -- I believe that during the time, 7 which I don't know when that is from a calendar 8 perspective, but during
the time when we created a 9 -- the term escapes me, a temporary committee, it 10 was the ad hoc committee, that we had established 11 an ad hoc committee and he gave instructions to
12 each member in a group setting as to their 13 responsibilities as related to Chapter 119. I 14 don't know when that was. 15 Q. To your knowledge, Mr. Gill is an 16 insurance
company lawyer, is that correct? 17 MR. GILL: Object to the form of the 18 question. 19 THE WITNESS: I don't know. 20 MR. GOLDSTEIN: Joined. 21
THE WITNESS: I don't know what Mr. Gill 22 is. 23 BY MR. O'BOYLE: 24 Q. What? 25 A. I don't know what Mr. Gill is. 93 Fort Lauderdale, Florida 954-755-6401 Daughters
Reporting, Inc. 1 Q. Let me ask you then a different way. Is 2 the Town paying Mr. Gill's legal fees? 3 A. We -- I don't know the answer to that. As 4 he sits here today?
5 Q. Well, I don't know what you mean by -6 A. Well, he's here -7 Q. Yes. 8 A. -- representing his, I guess, his firm on 9 my behalf and is he -- is the Town paying
for that? 10 Q. That's my question. 11 A. Directly? Not paying for it directly. 12 Q. And are they paying for it indirectly? 13 A. I believe that we purchase insurance
from 14 the Florida Municipal Insurance Trust who by some 15 method has Mr. Gill here. 16 MR. GILL: Mark all the questions about my 17 retention for ordering that. 18 BY
MR. O'BOYLE: 19 Q. There's a, what they call, a Sunshine suit 20 pending; am I correct? 21 MR. GILL: Object to form of the question. 22 THE WITNESS: I don't know.
23 BY MR. O'BOYLE: 24 Q. Okay. Do you remember Mr. Randolph saying 25 that he was a defendant in the -- what I'm calling 94 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting,
Inc. 1 the Sunshine case, I may be calling it wrong, and 2 that his insurance company wanted $50,000 as a 3 deductible and the Town agreed to pay the $50,000; 4 do you remember that?
5 A. No. 6 MR. GOLDSTEIN: Object to form. 7 BY MR. O'BOYLE: 8 Q. Do you remember that Mr. Sweetapple was 9 sued and it may have been in that same suit, I just 10
don't remember, and he had a $25,000 deductible and 11 he asked the Town to pay his deductible and the 12 Town agreed to pay it; do you remember that? 13 MR. GOLDSTEIN: Object
to form. 14 MR. GILL: Join. 15 THE WITNESS: I don't recall exactly, no. 16 BY MR. O'BOYLE: 17 Q. I'm sorry? 18 A. I don't recall exactly, no. I don't know.
19 Q. Do you recall un-exactly? 20 A. I just don't know. I'll have to say I 21 don't know. 22 Q. That's fair. I'm fine with that. 23 Do you know a Patsy Randolph?
24 A. I know of her. 25 Q. Okay. What's the difference between 95 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 knowing her and knowing of her? 2 A.
Well, we're certainly not friends. We're 3 not associates. We don't spend leisure time 4 together. She's not been in my house. I've not 5 been in her house. Cumulative time around
here 6 might be four, five hours. So I don't know her, 7 but I know of her. 8 MR. GILL: I would like to mark ordering 9 all the questions about the Sunshine law, 10
Mr. Randolph. 11 BY MR. O'BOYLE: 12 Q. Ms. Randolph, she's an official in the 13 Town, is she not? 14 A. Not that I'm aware of. 15 Q. Okay. You were up on the dais one
day and 16 Ms. Randolph was speaking to you; do you remember 17 that at all? 18 A. I don't know that she's ever spoken to me 19 while I'm on the dais. 20 Q. Okay. So would
it be untrue, would this 21 statement be untrue that Ms. Randolph told you that 22 we have to find a way to keep Mr. O'Boyle and 23 Mr. O'Hare out of these meetings, meaning the 24
commission meetings? 25 MR. GILL: Object to the form of the 96 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 question. 2 MR. GOLDSTEIN: Joined.
3 THE WITNESS: I know of nothing like that 4 ever taking place or being said. 5 BY MR. O'BOYLE: 6 Q. Okay. So you are saying nothing -- that 7 didn't happen? 8
A. No, and actually I just don't think it 9 ever did take place. 10 Q. Okay. Fair enough. 11 Back to the signs. There were a slew of 12 signs taken from -- I'm going
-- I don't know that 13 they always say this name right, Place Au Soleil? 14 A. Place Au Soleil, yes. 15 MR. O'BOYLE: Going forward, Madam Court 16 Reporter, if I can
just say "Place", we'll get 17 along a lot faster. 18 BY MR. O'BOYLE: 19 Q. Who directed that? 20 MR. GILL: Object to the form of the 21 question. 22 MR.
GOLDSTEIN: Joined. 23 THE WITNESS: It is my recollection, it 24 may not be correct, but I believe I did. 25 BY MR. O'BOYLE: 97 Fort Lauderdale, Florida 954-755-6401 Daughters
Reporting, Inc. 1 Q. And why did you? 2 MR. GILL: Object to the form of the 3 question. 4 THE WITNESS: Because 5 MR. GOLDSTEIN: Joined. 6
THE WITNESS: -- those signs were located 7 in the Town right-of-way. 8 BY MR. O'BOYLE: 9 Q. And those signs, if we can go back to that 10 day and we drove around, would they
be, the signs, 11 more of the signs of the incumbent, more of the 12 signs of Marty O'Boyle or about even? 13 MR. GILL: Object to the form of the 14 question. 15
THE WITNESS: I really don't recall. I do 16 believe that there were -- I think they were 17 signs of both you and -- I just don't recall. 18 Sorry. I don't know the answer
to your 19 question. 20 BY MR. O'BOYLE: 21 Q. Okay. Did you ever read the police 22 report? 23 A. I'm sure I did. 24 Q. And do you remember at all anything it 25
said? 98 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 A. No. 2 Q. Why would you remove those signs? 3 MR. GILL: Object to the form of the 4
question. 5 THE WITNESS: I thought that they were 6 inappropriately or unallowed placement of 7 signs. 8 BY MR. O'BOYLE: 9 Q. Now, you did see, I assume, the affidavit
10 of Dr. Brody; do you remember that? 11 A. Yes, I do remember reading it. I don't 12 recall it, but I definitely remember him making a 13 statement that I felt was incorrect.
14 Q. And that statement was that you remove the 15 sign from his property and not from the 16 right-of-way? 17 A. Correct. 18 Q. Just generally stated? 19 A. Correct.
20 Q. Now, if we were in Chicago, they'd call 21 that the day of the Chicago massacre. 22 A. Okay. 23 Q. You removed, when I say you, at your 24 direction -25 A.
Yes. 99 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 Q. Many, many signs were removed? 2 MR. GILL: Object to form of the question. 3 MR.
GOLDSTEIN: Joined. 4 THE WITNESS: There's a police report. 5 Whatever that police report states, I obligate 6 myself to its accuracy. 7 BY MR. O'BOYLE: 8 Q. Right.
But what you said is, if they were 9 removed at your direction? 10 A. That's how I remember it, yes. 11 Q. And if they were removed at your 12 direction, what was your direction?
13 A. I don't recall, but I do believe in part 14 it's stated in the incident report. 15 Q. Wasn't your direction to remove the signs 16 because you told either the chief
or Sergeant 17 Halsey? 18 A. Halsey. 19 Q. Halsey, that they were on the 20 right-of-way? 21 MR. GILL: Object to form of the question. 22 THE WITNESS: I
don't -- I don't recall. 23 I'll rely on the police report. 24 BY MR. O'BOYLE: 25 Q. To your knowledge, were any of them -- to 100 Fort Lauderdale, Florida 954-755-6401 Daughters
Reporting, Inc. 1 your knowledge, were all of them on private 2 property? 3 MR. GILL: Object to the form of the 4 question. 5 THE WITNESS: Were all of them on private
6 property? 7 BY MR. O'BOYLE: 8 Q. Yes. 9 A. I believe there were some on private 10 property and some that were in the right-of-way. 11 Q. Okay. And where do you
get that belief? 12 A. It's the distance that the signs were 13 placed from the edge of pavement or the estimated 14 measurement of the placement of those signs from 15 the edge
of pavement. 16 Q. Now, when you say from the edge of 17 pavement, if you could speak up a little bit, I 18 would appreciate it, I'm not sure I understand what 19 that means. 20
A. If I recall, and I'll obligate myself to 21 the police incident report, there were measurements 22 taken on each sign as they were located. The 23 measurement was from either
the center line of the 24 road or the edge of pavement, whichever was used, I 25 don't recall, but edge of pavement, the distance 101 Fort Lauderdale, Florida 954-755-6401 Daughters
Reporting, Inc. 1 where the pavement ends and grass begins and the 2 distance from that area or center line of road. 3 Q. Okay. Which one is it? 4 A. It could be either.
It could be either. 5 Q. How about if they didn't -- they could 6 result in different answers? 7 A. They materially should not. 8 Q. Why not? 9 A. Mathematically
I think it would work out, 10 if you are reading a survey or plat map accurately, 11 it would mathematically work out appropriately. 12 Q. What does the center line of the road
have 13 to do with the edge of the right-of-way and the 14 beginning of the real property? 15 MR. GILL: Object to the form of the 16 question. 17 THE WITNESS: Well,
the plat maps, if you 18 use the plat maps, establish a right-of-way 19 measurement and so if a person were trying to 20 use a plat map, find out the width of that 21 right-of-way,
divided by two, measure from 22 that point over, he would be able to 23 distinguish, generally speaking, whether the 24 sign was located on private property or public 25
property. 102 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 BY MR. O'BOYLE: 2 Q. Unfortunately, you were speaking just a 3 tad on the low side. Can you go
over that with me 4 one more time? 5 A. I believe I was referring to plat maps. 6 Q. Yes, you were. 7 A. Did you hear that? 8 Q. Yes. 9 A. And that they provide
a width of the 10 right-of-way and a person could divide that width 11 in two, establishing the center point of the 12 right-of-way, and it would be his beginning point 13 for measurement
towards private property. 14 Q. Width of the right-of-way divided by two. 15 Can you tell me what you said after that? I 16 apologize? 17 A. I don't. I would ask her to
respond for 18 me. 19 Q. Okay. 20 MR. O'BOYLE: Mr. Thrasher said divided by 21 two. 22 Would you be kind enough to mark this as 23 Thrasher 1. 24 25 103
Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 (Plaintiff's Exhibit No. 1, Drawing, was 2 marked for Identification.) 3 BY MR. O'BOYLE: 4 Q. Mr. Thrasher,
we have just provided to you 5 a document that the court reporter marked as 6 Thrasher 1 and I drew that by hand based upon my 7 notes from that which you were just describing plat
8 map, width, right-of-way, divide by two, and so 9 forth. Is that what you are talking about? 10 MR. GILL: Object to form of the question. 11 THE WITNESS: I think
it's in part what 12 I'm talking about. 13 BY MR. O'BOYLE: 14 Q. Okay. Can you -- if I give you a red pen, 15 could you draw on there the other part? 16 MR. GILL:
I'm going to object to having 17 him draw anything during this deposition. I 18 don't think it's appropriate. 19 MR. O'BOYLE: That's fine. 20 BY MR. O'BOYLE: 21 Q.
Tell me, Mr. Thrasher -- we'll do it the 22 hard way. Tell me where you find that deficient. 23 What more would you like to see on there? 24 A. Identify the pavement area, the
paved 25 area. 104 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 Q. May I have it back? 2 A. Yes. 3 THE COURT REPORTER: I'm sorry, is that a 4
different one? 5 THE WITNESS: He's just modified that. 6 MR. GILL: Is this a different exhibit or 7 the same exhibit? 8 MR. O'BOYLE: I think it's the
same 9 exhibit, but whatever you want to do. 10 MR. GILL: But you made changes to the 11 document that was marked as Exhibit 1, 12 correct? 13 MR. O'BOYLE:
Yes, I did. 14 BY MR. O'BOYLE: 15 Q. Mr. Thrasher -16 MR. O'BOYLE: And, by the way, is it 17 Exhibit 1 or Thrasher 1? 18 THE COURT REPORTER: I have Plaintiff's
19 Exhibit 1. 20 BY MR. O'BOYLE: 21 Q. That is the little hand sketch we gave you 22 a few moments ago. You had said that, I think your 23 words were, the edge of road or the
edge of 24 pavement, something, was not shown on there and if 25 you'll notice there are two additional lines. 105 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1
There were three before, now there are five and 2 those two additional lines are marked edge of 3 pavement? 4 A. Correct. 5 Q. Okay. Tell me how you could tell what is 6
on private property and what is on public property. 7 MR. GILL: Object to the form of the 8 question. 9 THE WITNESS: If a person knew from the 10 plat maps that
the overall width of the 11 right-of-way was X -12 BY MR. O'BOYLE: 13 Q. Excuse me one second. Can we just, for 14 the sake of our discussion here, can we just say 15 instead
of X 50 feet or 60 feet? 16 A. Okay. 17 Q. We'll say 50 feet, unless you have another 18 number. 19 A. Yes, 30. 20 Q. Pardon? 21 A. 30-foot. 22 Q. The
whole right-of-way is 30 feet? 23 MR. GILL: Object to the form of the 24 question. 25 THE WITNESS: You asked me what I wanted 106 Fort Lauderdale, Florida 954-755-6401
Daughters Reporting, Inc. 1 to do, so I chose 30-foot. 2 BY MR. O'BOYLE: 3 Q. 30-foot works for me. Okay. 4 A. So the right-of-way is 30-foot, the 5 pavement is 20-foot.
6 Q. On each side? 7 A. Ten-foot on each side. 8 Q. So 30-foot and 10-foot pavement, each 9 side? 10 A. Yes, of the center line. 11 Q. Okay. Okay. 12 A.
So the property line would -- the private 13 property line would be 15-foot from the center line 14 of the road or -- or five-foot from edge of 15 pavement. 16 Q. Got you. 17
Where is the center line of the road? 18 MR. GILL: Object to form of the question. 19 THE WITNESS: I don't know. 20 BY MR. O'BOYLE: 21 Q. So how would
you find out what's on 22 private property and what's not? 23 MR. GILL: Object to the form of the 24 question. 25 THE WITNESS: You would estimate the width 107
Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 of the pavement and go towards the center or 2 measure and divide it by two and then measure 3 over to the
center line. Of that center line, 4 you measure to private property. 5 BY MR. O'BOYLE: 6 Q. Where is your starting point? 7 MR. GILL: Object to the form of the 8
question. 9 THE WITNESS: It would be the starting 10 point as I just described. If the pavement is 11 20-foot, it measured to be 20-foot, you would 12 measure then
ten feet in from the edge of 13 pavement towards the center of the roadway and 14 that would be your beginning point. 15 BY MR. O'BOYLE: 16 Q. Where is the center of the
roadway? 17 MR. GILL: Object to form of the question. 18 THE WITNESS: I don't know. 19 BY MR. O'BOYLE: 20 Q. So how are you going to make that 21 measurement?
22 A. It's an estimate. 23 Q. Pardon? 24 A. It's an estimate. 25 Q. It's an estimate. 108 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1
So it could be that the Town, because they 2 didn't know, according to you, they didn't know 3 where the right-of-way stopped and the private 4 property began, it could be that they
were removing 5 my signs off of private property; am I correct? 6 MR. GILL: Object to form of the question. 7 THE WITNESS: It's possible. 8 MR. GOLDSTEIN:
Joined. 9 THE WITNESS: I don't believe so. 10 BY MR. O'BOYLE: 11 Q. And why don't you believe so? 12 A. Because in the incident report they made 13 sure that if
there was ever a close proximity or un 14 -- any situation where it was not definitely clear, 15 they did not remove it. 16 Q. Tell me and, again, this is not my first 17 time,
by the way, tell me how you would know that 18 it's definitely clear based upon what you've been 19 telling me so far? 20 A. Some discretion on the police officer's 21 part. 22
Q. But that's not definitive, that's 23 discretionary, isn't it? 24 MR. GILL: Object to form of the question; 25 argumentative, irrelevant. 109 Fort Lauderdale, Florida
954-755-6401 Daughters Reporting, Inc. 1 THE WITNESS: It's generally the way that 2 would give you an approximate location of 3 private property line. 4 BY MR. O'BOYLE:
5 Q. So if I'm hearing you correct, and I hope 6 I am, when the signs were taken, there was no 7 definitive way of determining where the property, 8 the private property line was?
9 MR. GILL: Objection to form of the 10 question. 11 THE WITNESS: There was no survey. 12 BY MR. O'BOYLE: 13 Q. That's not what I asked you, though. 14
MR. GILL: Object to the form of the 15 question. 16 THE WITNESS: I don't know. 17 BY MR. O'BOYLE: 18 Q. You don't know what? 19 A. I don't know the answer
to your question. 20 Q. Okay. Based upon what you have in front 21 of you, is there a definitive way of determining 22 where the property line begins and where the 23 right-of-way
line ends? Is there a definitive way? 24 MR. GILL: Object to the form of the 25 question. 110 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1
THE WITNESS: I don't know. 2 BY MR. O'BOYLE: 3 Q. Okay. The police, are they trained in how 4 to use a transit, which is an instrument you see 5 the guys on the highway out there,
are they trained 6 in that? 7 A. No. 8 Q. Are they trained in how to read a plat 9 map? 10 A. Formal training, no. 11 Q. You were the one who instructed that this
12 be done? 13 A. Yes. 14 Q. I'm just curious how, what were you 15 thinking, knowing full well that those police 16 didn't know what they were doing? 17 MR. GILL:
Object to the form of the 18 question; argumentative. 19 And I would like to mark that to order 20 later. 21 THE WITNESS: I believe they knew what 22 they
were doing. 23 BY MR. O'BOYLE: 24 Q. Pardon? 25 A. I believe they knew what they were doing. 111 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 Q.
Okay. Was there a way for the police to 2 determine a definitive property line the "Place" 3 and, if so, how would they have done it? 4 MR. GILL: Objection; asked and answered.
5 THE WITNESS: Approximate. 6 BY MR. O'BOYLE: 7 Q. Okay. And I think that's where we have 8 been in the approximate and that's fine with me. 9 MR. GILL: Mr.
O'Boyle, if you're 10 transitioning into another line of 11 questioning, for planning purposes, how much 12 longer do you think you have? 13 MR. O'BOYLE: You ask me
that every single 14 time and I can't -- I can't tell you because I 15 honestly don't know. 16 MR. GILL: Okay. Well, how much longer do 17 you think you intend to
go? 18 MR. O'BOYLE: How much -19 MR. GILL: How much longer time-wise do 20 you think you intend to go? 21 MR. O'BOYLE: Well, you just asked me that 22
question. 23 MR. GILL: Do you think you intend to go 24 beyond 6 o'clock? 25 MR. O'BOYLE: I can't answer that 112 Fort Lauderdale, Florida 954-755-6401 Daughters
Reporting, Inc. 1 question. 2 MR. GILL: Okay. I'm just letting you 3 know that the Town is not going to go beyond 4 normal business hours for this deposition. 5
MR. O'BOYLE: You could do anything you 6 want, Mr. Gill. 7 MR. GILL: I'm just putting you on notice 8 that we're -9 MR. O'BOYLE: You can put me on all
the 10 notices you want and -11 MR. GILL: -- 6 o'clock. 12 MR. O'BOYLE: -- we'll go back to the 13 magistrate and explain to him we have seven 14 hours and
that you are disrupting it. 15 MR. GILL: That's the maximum time. It's 16 not the required time for a deposition, 17 Mr. O'Boyle. 18 MR. O'BOYLE: You're right,
it's not the 19 required time and I agree with you it's not, 20 however, if that's the time I need and you are 21 going to deprive me of it, we'll have to deal 22 with it.
23 MR. GILL: Can you identify what questions 24 you need that will go beyond another two hours 25 or hour and a half? 113 Fort Lauderdale, Florida 954-755-6401 Daughters
Reporting, Inc. 1 MR. O'BOYLE: The answer is no, I can't. 2 MR. GILL: Okay. 3 MR. O'BOYLE: And if I could, I wouldn't 4 tell you anyway, because I don't
want you 5 going out in the hall chatting with the 6 witness, preparing him. I'm not going to 7 allow that and I'm also not going to give you 8 my strategy for the many
the times that I've 9 already told you that. I'm going to continue 10 on with the deposition and the moment I'm 11 done, I'm going to tell you. 12 MR. GILL: Okay.
6 o'clock, Mr. O'Boyle. 13 MR. O'BOYLE: You do what you want. 14 As a matter of fact, why don't we get the 15 magistrate on the phone right now. 16 MR.
GILL: Okay. Let's put this on the 17 record. Let's put this on the record. 18 I believe the first part of this 19 conversation was on the record before the 20 break.
So let's show it's all on there, let's 21 put it on the record. 22 MR. O'BOYLE: That's fine. 23 We are back on the record. Mr. Gill has 24 announced that he
and Mr. Thrasher will be 25 walking out of the deposition at 6 p.m. 114 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 Hopefully I'll be finished by then.
But if 2 I'm not, my intention is to finish and 3 hopefully he'll reconsider whether he is going 4 to walk out of the deposition. And if he does 5 walk out of the deposition,
we'll have to deal 6 with it at that time. 7 MR. GILL: And if you are close at 6 to 8 getting done, we can certainly work with that, 9 but to take seven is what we
don't agree with. 10 We'll deal with it as it comes, Mr. O'Boyle. 11 BY MR. O'BOYLE: 12 Q. Mr. Thrasher, getting back to the signs 13 for a moment -- getting back to the signs.
Are the 14 political signs in the Town, are they government 15 speech? 16 MR. GILL: Object to the form of the 17 question. 18 THE WITNESS: I don't know. 19 BY
MR. O'BOYLE: 20 Q. Who does know? 21 MR. GILL: Object to the form of the 22 question. 23 THE WITNESS: Attorney, I guess. 24 BY MR. O'BOYLE: 25 Q. Okay.
So you've never spoken to anyone 115 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 about that in the Town? 2 MR. GILL: Well, if you are inquiring into
3 conversation with attorneys with regarding 4 pending lawsuits, I will object to privilege. 5 I don't think that's what you are really 6 asking, but just to clarify. 7
BY MR. O'BOYLE: 8 Q. Except for your counsel. 9 A. Could you ask me the question again, 10 please? 11 Q. Yes. 12 MR. O'BOYLE: Would you mind, Madam Court 13
Reporter? I apologize. 14 (The question referred to was read by the 15 reporter as above recorded.) 16 THE WITNESS: About what? 17 BY MR. O'BOYLE: 18 Q.
We were, and I don't know if we passed 19 this already, talking about the signs being 20 government speech and I asked you if you ever spoke 21 to anyone in the Town and Mr. Gill,
properly 22 raised, excluding attorneys that represent you. 23 A. I don't recall. 24 Q. Okay. Did you ever hear anyone refer to 25 myself and Mr. O'Hare as the O's? 116 Fort
Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 A. I did not, no. 2 Q. Do you know a woman named Kelly Avery? 3 A. I do. 4 Q. Has anyone in the community,
that you know 5 of -- have you ever heard anyone in the community 6 refer to me as a racketeer? 7 A. No, not that I recall. 8 Q. Would it surprise you if Ms. Avery did? 9
A. Yes. 10 Q. Have you ever heard anyone in the Town 11 refer to me as a criminal? 12 A. No. 13 Q. Would it surprise you if Ms. Avery did? 14 A. Yes. 15
Q. Have you ever heard the Mayor refer to me 16 as a criminal? 17 A. Not that I recall. 18 Q. Have you ever heard of the Mayor referring 19 to me as a racketeer? 20 A.
Not that I recall. 21 Q. As a man who practices extortion? 22 A. I don't remember him saying that, no. 23 Q. Do you remember anyone saying any of those 24 things? 25
A. No. 117 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 Q. When you decided to, for lack of a better 2 way of saying it, invade the signs, why did you
3 only do it at "Place"? 4 MR. GILL: Object to the form of the 5 question. 6 THE WITNESS: To my recollection, we 7 didn't only do it at -- in that area. 8 BY
MR. O'BOYLE: 9 Q. What is your recollection? 10 A. We also did it in a core area. 11 Q. And how many signs did you either relocate 12 or remove in the core area? 13
A. I don't recall. 14 Q. Okay. 15 A. I believe a police report, incident report 16 states that a number, perhaps, and, if so, I align 17 myself with that incident report.
18 Q. And if not, what would you tell me? 19 A. If not what? 20 Q. Well, you said you were talking about an 21 incident report and you said -22 A. If there is no
such incident report? 23 Q. If there is no such incident report or if 24 there is an incident report that doesn't talk about 25 the numbers. 118 Fort Lauderdale, Florida 954-755-6401
Daughters Reporting, Inc. 1 A. And you want to know what? 2 Q. I would like to know how many. 3 A. Oh, I don't recall. 4 Q. Okay. 5 A. There were some in the
core. I don't know 6 how many. 7 Q. Okay. And this is in the core we're 8 talking, right? 9 A. In the core primarily, yes. 10 Q. Was it more than ten? 11 A. I
don't recall, Mr. O'Boyle. 12 Q. In "Place," was it more than 50? 13 A. No, I don't believe so. 14 Q. Was it in equal amounts, approximately 15 now, not exactly, in the
core and in "Place"? 16 A. I don't know. I don't recall. 17 Q. Who would know? 18 A. I really don't know. 19 Q. Okay. How is my reputation in the Town, 20 Mr.
Thrasher? 21 MR. GILL: Object to the form of the 22 question. 23 THE WITNESS: I don't know. 24 BY MR. O'BOYLE: 25 Q. Good? 119 Fort Lauderdale, Florida 954-755-6401
Daughters Reporting, Inc. 1 A. I don't know. 2 Q. Did you ever ask Kelly Avery? 3 A. No, not that I recall. 4 Q. Does that mean you might have? 5 A. It means
I don't recall, therefore I don't 6 know. 7 Q. Right. Okay. 8 I asked you a question akin to this. Do 9 you know what's protected by the First Amendment? 10 MR.
GILL: Object to the form of the 11 question. 12 MR. GOLDSTEIN: Joined. 13 THE WITNESS: No. 14 BY MR. O'BOYLE: 15 Q. Pardon? I'm sorry. 16 A. No. 17
Q. Okay. The Town Hall, is that designated 18 as a free speech zone? 19 MR. GILL: Object to the form of the 20 question. 21 THE WITNESS: I don't know. 22
MR. GOLDSTEIN: Joined. 23 THE WITNESS: I don't know. 24 BY MR. O'BOYLE: 25 Q. Who would know? 120 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc.
1 A. I don't know that. 2 Q. Okay. If you don't know that, are there 3 other properties in the Town that are designated as 4 a free speech zone or a voice designated for
free 5 speech? 6 MR. GILL: Object to the form of the 7 question. 8 MR. GOLDSTEIN: Joined. 9 THE WITNESS: I don't know. 10 BY MR. O'BOYLE: 11 Q. Do
you remember a meeting, a Town 12 Commission meeting, that is, where I came with two, 13 what I'm going to call, large men; do you remember 14 that meeting? 15 A. Could you describe
these large men? 16 Q. They were large. 17 A. That's all? 18 Q. One of them was thinner. 19 A. I think your son is large. 20 Q. One was thinner than the other
one, but 21 they were big guys. Do you remember that? 22 A. I know you've been in our meetings with 23 big guys. I don't know what you are referring to. 24 Q. Okay. Do
you remember at the end of the 25 meeting they were holding posters of your son out 121 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 in the, I don't know what you
call it, the common, 2 the vestibule, whatever you are going to call it, 3 now you do remember? 4 A. Yes. 5 Q. Do you remember saying to me: "I see you 6 brought your henchmen."
These may not be the exact 7 words, by the way, and "when you come around here 8 from now on, you are going to need them." Do you 9 remember that? 10 MR. GILL: Object to
the form of the 11 question. 12 I would like to mark this and the previous 13 question about the sign and the son. 14 THE WITNESS: I remember the first part of
15 that statement about something about henchmen, 16 but I never said you'll need them if you ever 17 come back here again. 18 BY MR. O'BOYLE: 19 Q. So you are denying
it? 20 A. Yes. 21 Q. And are you sure about that as you are 22 about the veracity of or the truthfulness of your 23 testimony so far today? 24 A. Yes. 25 Q. Okay.
That's fine. 122 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 Do you agree that a man's property, his 2 home, the old saying is, the home is the castle,
do 3 you believe that a man's home should be, I guess 4 should not be intruded upon, might be a good way of 5 saying it? 6 MR. GILL: Object to the form of the 7 question.
8 I would like to mark that question to be 9 ordered. 10 MR. GOLDSTEIN: Joined. 11 THE WITNESS: I don't know what you mean 12 by intruded upon. 13 BY
MR. O'BOYLE: 14 Q. Well, if you came to my house and dug a 15 hole in my front yard, you are intruding on my 16 property. If you removed my bricks or certain 17 bricks from the
driveway, that's intruding on my 18 property. That's sort of what I mean. 19 MR. GILL: Object to form of the question. 20 I would like to mark that question to 21
order potentially. 22 MR. GOLDSTEIN: Joined. 23 THE WITNESS: I think that has legal 24 ramifications. I'm not capable of answering 25 that question legally.
123 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 BY MR. O'BOYLE: 2 Q. Are you in charge of the underground 3 project? 4 MR. GILL: Object to the form
of the 5 question. 6 THE WITNESS: No. 7 BY MR. O'BOYLE: 8 Q. Who is? 9 A. I believe the Town Commission is. 10 Q. What is your role in the underground 11
project? 12 A. Very little. I authorize payment. I 13 communicate with the project engineer. 14 Q. Can you speak up? I'm sorry. 15 A. I communicate with the project
engineer. 16 I carry out the directives of the commission, if 17 there are any. Something very general. 18 Q. Okay. Are real estate signs more favored 19 in Gulf Stream than
other signs? 20 MR. GILL: Object to the form of the 21 question. 22 THE WITNESS: I don't know. 23 BY MR. O'BOYLE: 24 Q. Would anybody know? 25 MR.
GILL: Object to the form of the 124 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 question. 2 THE WITNESS: I don't know the answer to 3 that question.
4 BY MR. O'BOYLE: 5 Q. Will you agree with me, do you not, that 6 there's a lot of real estate signs in Gulf Stream, 7 probably more than we've seen in recent years? 8 Would you
agree with that? 9 A. I don't know that I have any basis for 10 agreeing with that or disagreeing with that. 11 Q. Let me ask it a different way. 12 On A1A, are there
more real estate signs 13 now than in the past few years, past three years, 14 five years? 15 A. Again, I have no basis to render an 16 answer. 17 Q. Well, you've driven down
A1A, have you 18 not? 19 A. Yes. 20 Q. All right. 21 MR. GILL: I would like to mark the 22 question about the real estate signs to 23 possibly be ordered. 24
BY MR. O'BOYLE: 25 Q. Is there a civic association in town? 125 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 A. Yes. 2 Q. Yes? 3 A. Yes. 4
Q. Okay. Have you ever been to one of their 5 meetings? 6 A. Yes. 7 Q. Why? 8 A. There was a few years where they wanted me 9 to report on -- give my view of the
status of the 10 Town. 11 Q. Status of the Town you say? 12 A. Yes, annual meeting. Asked for any 13 comments that I might render. A couple of times 14 this happened. 15
Q. Okay. Did you ever hear anybody comment 16 about me at the civic association meeting? 17 A. No. 18 Q. No. Okay. 19 Is the civic association, to your 20 knowledge,
a nonprofit? 21 A. I don't know. 22 Q. You don't know. Okay. 23 Jones, Foster. 24 A. Yes. 25 Q. I'm still confused by this, so please 126 Fort Lauderdale,
Florida 954-755-6401 Daughters Reporting, Inc. 1 excuse me. Are they the town attorney or is 2 Mr. Randolph the town attorney? 3 A. I believe the firm of Jones and Foster is 4
the Town's attorney. 5 Q. When did the firm of Jones, Foster become 6 the town attorney? 7 A. I don't know. 8 Q. Okay. Was it recently? 9 A. I don't -- no, it wasn't
recently. As far 10 as I know, it was decades ago. 11 Q. So all of this time -- and when I look at 12 the agendas -13 MR. O'BOYLE: Madam Court Reporter, could 14 you
please mark this 2. 15 (Plaintiff's Exhibit No. 2, Minutes of 16 Meeting, was marked for Identification.) 17 MR. GOLDSTEIN: Can someone identify the 18 document
for the record? 19 MR. O'BOYLE: If it will help you, I'm 20 only intending to use the first page. 21 MR. GILL: I just want to make sure there 22 isn't something
else in there. 23 This appears to be, it purports to be 24 minutes from the regular meeting and public 25 hearing held by the Town Commission of the 127 Fort Lauderdale,
Florida 954-755-6401 Daughters Reporting, Inc. 1 Town of Gulf Stream on Friday, December 12th, 2 2014, at 9 a.m. in the commission chambers of 3 the Town Hall, 100 Sea Road,
Gulf Stream, 4 Florida. 5 MR. O'BOYLE: If I may, just to correct 6 Mr. Gill, it's not purported to be the 7 minutes, that's on the Town's website as the 8 minutes.
9 BY MR. O'BOYLE: 10 Q. Mr. Thrasher, I am going to direct your 11 attention to Page 1 and I am going to ask you, are 12 they the minutes from the Town? 13 A. They appear
to be. 14 Q. Okay. But you have no reason to believe 15 they are not, correct? 16 A. No. 17 Q. And who prepares that document? And I'm 18 focused primarily on the first
page. I'm not 19 really interested in anything else. 20 A. Well, this document appears to be signed 21 by Carole Vitale. 22 Q. But isn't the clerk responsible for that 23
document? 24 A. Yes. 25 Q. And that would be Rita Taylor, would it? 128 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 A. Yes. 2 Q. And how long
has Ms. Taylor been with the 3 Town? 4 A. 26, 27 years. 5 Q. Okay. And who does she say the town 6 attorney is? 7 MR. GILL: Object to the form of the 8 question.
9 THE WITNESS: On these minutes, it says 10 the town attorney is John Randolph. 11 BY MR. O'BOYLE: 12 Q. I'm sorry, I didn't catch you. 13 A. John Randolph. 14
Q. She says John Randolph is the town 15 attorney? 16 MR. GILL: Object to the form of the 17 question. 18 THE WITNESS: This document -19 BY MR. O'BOYLE: 20
Q. Right. 21 A. -- indicates town attorney to be John 22 Randolph. 23 Q. And it more than indicates it, it says it; 24 am I correct? 25 A. It says town attorney,
John Randolph. 129 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 Q. Thank you. 2 Okay. Mr. Randolph, his firm is doing a 3 significant amount of work
on this litigation. 4 Does the Town's charter allow Mr. Randolph to give 5 the work, the significant amount of work, the 6 hundreds of thousands of dollars of work to other 7 members
of his firm? 8 MR. GILL: Object to the form of the 9 question. 10 THE WITNESS: I don't know. 11 BY MR. O'BOYLE: 12 Q. Do you see it as an ethics violation?
13 MR. GILL: Object to the form of the 14 questions. 15 MR. GOLDSTEIN: Joined. 16 THE WITNESS: I don't know. 17 BY MR. O'BOYLE: 18 Q. Okay. Who is
Keith Rizzardi, do you know? 19 A. Yes. 20 Q. And? 21 A. He was an attorney with Jones and Foster. 22 Q. I'm sorry? 23 A. He was an attorney with Jones and
Foster. 24 Q. I see. Was or is? 25 A. I believe was. 130 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 Q. Okay. Where is he now; do you know? 2
A. No. 3 Q. Okay. And Tray Nisarel (ph), who is he? 4 A. He was a paralegal for Jones and Foster, I 5 believe. 6 Q. And how did he interact with the Town of 7 Gulf
Stream; can you tell me? 8 MR. GILL: Object to the form of the 9 question. 10 THE WITNESS: He was a spokesperson 11 between Keith Rizzardi and the Town. 12 BY
MR. O'BOYLE: 13 Q. I'm sorry, Mr. Thrasher, I didn't hear 14 that. 15 A. He was a spokesperson, a liaison between 16 Jones and Foster and the Town. 17 Q. The public records.
The Mayor doesn't 18 like it when we make a public record, does he? 19 MR. GILL: Object to the form of the 20 question. 21 THE WITNESS: I don't know. 22
MR. GOLDSTEIN: Joined. 23 BY MR. O'BOYLE: 24 Q. Okay. Do you remember a statement akin to 25 this; we're going to file a racketeering lawsuit 131 Fort Lauderdale, Florida 954-755-6401
Daughters Reporting, Inc. 1 because we don't want to die of a thousand cuts? 2 MR. GILL: Object to the form of the 3 question. 4 THE WITNESS: I don't recall that.
5 BY MR. O'BOYLE: 6 Q. You don't recall him saying that? 7 A. No. 8 Q. Okay. What was the purpose of the 9 racketeering lawsuit; do you know? 10 A. I do not know.
11 Q. Do you know what the basis was for the 12 racketeering lawsuit? 13 A. No. 14 Q. Who manages the payment of the legal fees? 15 A. What do you mean by management?
16 Q. Well, when legal fees come into -- legal 17 invoices come into my office, there's someone there 18 that goes through them line by line by line by line 19 and then pays whatever
we think is appropriate. 20 Who does that at your shop? 21 A. The process involves more than one person, 22 including -- and up to writing the check. I am 23 involved with giving
the invoices to the payment 24 person and authorizing payment. 25 Q. So your subordinates can authorize these 132 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc.
1 50 and $60,000 payments? 2 A. No, I am responsible for the processing 3 approval, but they help me with that process. 4 Q. I see. 5 And do you actually review the
bills, line 6 by line by line? 7 A. I think I do, yes. 8 Q. Okay. Okay. And I assume you make 9 changes where there's errors and so forth, correct? 10 A. Sometimes.
11 Q. Gerry Richman, you know who he is, right? 12 A. I know of him. 13 Q. Okay. Now, I'm told that he is a, using 14 my words, a high horsepower lawyer. Would you
kind 15 of agree with that? 16 A. I don't know. 17 Q. Okay. Have you ever heard anything about 18 Gerry Richman? 19 A. Yes. 20 Q. And what have you heard? 21
A. I don't recall. I just know I heard 22 something as presented at a commission meeting 23 about Gerry Richman. I don't think Gerry Richman 24 was present actually, but I think
he was on the 25 telephone, a conference call, but I don't recall 133 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 what was said. 2 Q. Now, Mr. Morgan at his
deposition, when I 3 asked him who was the town attorney, he gave me a 4 litany of names of, I'm going to say, eight to 5 maybe even 12 names. 6 A. Okay. 7 Q. Which is a little
shocking to me, but 8 nonetheless, that's what he gave me. 9 A. Well, he's an attorney. He might know 10 better than me, that's for sure. 11 Q. And one of them was Gerry
Richman. Does 12 that sound right, that he's the town attorney? 13 MR. GILL: Object to the form of the 14 question. 15 THE WITNESS: I would describe him as one
16 of the Town of Gulf Stream's special 17 attorneys. 18 BY MR. O'BOYLE: 19 Q. Okay. That's fair enough. 20 And he is an agent of the Town, isn't he, 21 by being
a special attorney? 22 MR. GILL: Object to form of the question. 23 MR. GOLDSTEIN: Joined. 24 THE WITNESS: I don't know. I don't know. 25 BY MR. O'BOYLE:
134 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 Q. Who would know? 2 MR. GILL: Object to the form of the 3 question. 4 THE WITNESS: I
don't know. I don't know. 5 BY MR. O'BOYLE: 6 Q. Okay. Do you -- or did you know that 7 Mr. Richman called me an extortionist and published 8 it? 9 A. I don't know. 10
Q. But when you say you don't know, you don't 11 know yes, you don't know no, correct? 12 A. I don't know if he did. 13 Q. Right, that's what I'm saying, you don't 14
know if he did, you don't know if he didn't? 15 A. I don't know. 16 Q. Right. Okay. Fair enough. 17 Now, I mention to you that Mr. Morgan 18 called me a criminal,
an extortionist and a 19 racketeer, and I mention to you that Mr. Richman 20 called me an extortionist. Do you think that 21 that's the way a city should talk about their 22 residents?
23 MR. GILL: Move to strike the testimony of 24 the plaintiff. Object to form of the 25 question. 135 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc.
1 And I would like to mark that to order 2 possibly. 3 MR. GOLDSTEIN: Join in the objection; 4 motion to strike. 5 THE WITNESS: I don't know. 6 BY MR.
O'BOYLE: 7 Q. So it may be the way you want to treat 8 your residents? 9 MR. GILL: Object to the form of the 10 question. 11 MR. GOLDSTEIN: Joined. 12
THE WITNESS: I don't know. 13 BY MR. O'BOYLE: 14 Q. Mr. Thrasher, and I'm not trying to give 15 you a hard time, believe me, but if you don't know, 16 I understand that, but
if you don't know that means 17 maybe yes and maybe no; would that be correct? 18 A. I just don't know. 19 Q. Well, no, I understand that. 20 A. I don't know if it's
yes, I don't know if 21 it's no. 22 Q. But it's got to be one of the two, you 23 agree with me? 24 A. No, I don't understand that logic. I 25 don't know. 136 Fort Lauderdale,
Florida 954-755-6401 Daughters Reporting, Inc. 1 Q. What else could it be? 2 A. I don't know. 3 Q. Okay. Fair enough. 4 Do you know Joel Chandler? 5 A.
I know of him. 6 Q. Have you ever met him? 7 A. I haven't officially met him. I've been 8 around where he was. 9 Q. Have you unofficially met him? 10 A. I don't
think so. He was in our Town Hall 11 once. 12 Q. Pardon? 13 A. He was in our Town Hall once. 14 Q. And did you meet him there? 15 A. I don't recall that we introduced
16 ourselves to each other. I could be wrong. 17 Q. Okay. Did you ever see any plane banners 18 flying around Gulf Stream? 19 A. I don't believe I did. 20 Q. Okay.
What is the time limitation to 21 speak at public meetings? And that's a commission 22 meeting I'm speaking of. 23 A. I think there is a section on the agenda 24 for public comment.
I believe it's three minutes. 25 Q. Okay. Is that uniformly enforced? 137 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 A. It's enforced by the Mayor
and how he does 2 it, I don't know. 3 Q. Is it uniformly enforced? You are sitting 4 there. 5 A. I don't think so. 6 Q. Okay. When I ask a question, I am told 7 this
is a question and answer -- this is not a 8 question and answer period. Have you ever heard 9 that? 10 A. Yes. 11 Q. Yes. And -12 A. Under public comment section of
the 13 agenda. 14 Q. Yes. And is that uniformly enforced, 15 meaning that no one can make public comments? 16 MR. GILL: Object to the form of the 17 question. 18
MR. GOLDSTEIN: Joined. 19 THE WITNESS: That nobody can make public 20 comments? 21 BY MR. O'BOYLE: 22 Q. Well, I'm sorry, I apologize. Is it 23 uniformly enforced
where I might go up to the 24 podium and they say to me, this is public input 25 only, not a question and answer period. You've 138 Fort Lauderdale, Florida 954-755-6401 Daughters
Reporting, Inc. 1 heard that, have you not? 2 A. I have. 3 Q. And my question is, are there others that 4 they would allow to speak and ask questions? 5 MR. GILL:
Object to the form of the 6 question. 7 THE WITNESS: I can't recall that 8 happening. I don't know. Maybe by mistake. 9 I know that sometimes I might try to engage
in 10 a conversation, but usually I get a nudge from 11 the attorney. 12 BY MR. O'BOYLE: 13 Q. You have seen Bill Bordman talk and get 14 answers from the Mayor, have you
not? 15 A. I don't recall. Whatever the minutes say 16 I would align myself with it, but I don't recall. 17 Q. Well, those minutes, they are not really a 18 replica of what
occurred? 19 A. Well, then -20 Q. Mr. Thrasher, are they? 21 A. -- whatever the -- we video them, so 22 whatever that video says, I would align myself with 23 that recording,
but I don't recall. 24 Q. What's on the minutes you have as part of 25 that, I think it's Thrasher 2, whatever it was? 139 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting,
Inc. 1 A. Pardon me? 2 Q. The minutes. 3 A. Yes. 4 Q. That's not representative of what was 5 actually said, was it or is it? 6 A. It's represented. I think
these are 7 called -- they are not verbatim, no. 8 Q. They are not even close, are they? 9 A. I believe they are. 10 Q. Have you ever examined them and juxtaposed 11
the video to the written word? 12 A. No, I've not done that, but I usually 13 review all minutes before recommending for final 14 adoption or acceptance. 15 Q. Why was I named
in a racketeering suit; do 16 you know? 17 A. No. 18 Q. Did you ever discuss it with anyone 19 besides your lawyers? 20 A. I don't think I even discussed it with 21 lawyers.
I'm just not involved with that part of 22 it. 23 Q. Did you comment upon it, as an example, 24 hey, guys, this is going to cost us an awful lot of 25 money, and we can get rid
of these records suits 140 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 for, pardon the expression, a proverbial ham 2 sandwich, what are we doing? 3 MR.
GILL: Object to the form of the 4 question. 5 THE WITNESS: I've never made such a 6 comment. 7 MR. GOLDSTEIN: Joined. 8 THE WITNESS: I never made such
a comment. 9 BY MR. O'BOYLE: 10 Q. Pardon? 11 A. I never made such a comment. 12 Q. Do you think the Town is taking the right 13 approach, the prudent approach, or do
you think the 14 Town, with this racketeering suit and all of their 15 other suits, that they are trying to punish me, and 16 although he's not involved in the suit, Mr. O'Hare? 17
MR. GILL: Object to form of the question. 18 MR. GOLDSTEIN: Joined. 19 MR. GILL: Mark that for possible 20 ordering. 21 THE WITNESS: I will try
to answer your 22 question. I'm not really certain I understand 23 your question, but I do believe that, and I do 24 respect and trust our Town commissioners, that 25 in
a public forum based on advice of counsel, 141 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 they make good and proper decisions that are 2 good and proper
and healthy for the Town of 3 Gulf Stream. 4 BY MR. O'BOYLE: 5 Q. I'm sorry, I heard you say proper and 6 healthy, I didn't hear before that, just a few 7 words before that.
8 A. I believe that the decisions they make are 9 proper and are healthy and are appropriate in their 10 decision-making process. 11 Q. The racketeering suit, do you have
any 12 idea how much that cost you? 13 A. No, I just look at legal in the group 14 setting. 15 Q. Is it a good decision? 16 MR. GILL: Object to the form of the 17
question. 18 I would like to mark that one. 19 THE WITNESS: I'm not capable of answering 20 that. It's a decision that the Town 21 Commission made. 22 BY
MR. O'BOYLE: 23 Q. Okay. Would it make any difference in 24 your eyes if the Town won the racketeering suit as 25 opposed to lost the racketeering suit? 142 Fort Lauderdale, Florida
954-755-6401 Daughters Reporting, Inc. 1 MR. GILL: Object to the form of the 2 question. 3 THE WITNESS: No. 4 BY MR. O'BOYLE: 5 Q. So, either way, you are
good with it? 6 A. I believe that I align myself and trust 7 the Town Commission. Their decisions are good and 8 healthy for the Town of Gulf Stream. I trust their 9 decision-making
process or I would have, long ago, 10 left the Town of Gulf Stream. 11 Q. Aren't your bosses really the taxpayers? 12 MR. GILL: Object to the form of the 13 question.
14 THE WITNESS: I don't know the answer. I 15 know I don't report to every taxpayer. Some 16 taxpayers probably believe they pay my wages, 17 but I take direction
from the commissioners in 18 a group setting, public setting. 19 BY MR. O'BOYLE: 20 Q. And the commissioners aren't writing the 21 checks here, it's the Town with the money
from the 22 taxpayer; am I correct? 23 MR. GILL: Object to the form of the 24 question. 25 I would like to mark that question. 143 Fort Lauderdale, Florida 954-755-6401
Daughters Reporting, Inc. 1 THE WITNESS: I believe that the revenues 2 that come from or into the Town is a composite 3 of ad valorem taxes, state revenues, service 4
fees and so on. 5 BY MR. O'BOYLE: 6 Q. Why do you videotape the meetings? 7 A. I don't know. I don't know. 8 Q. Who decided to do it? 9 A. All of those actions
are my responsibility 10 and so I did, but I don't know why I did. 11 Q. Back to Gerry Richman for a moment. 12 You're aware that he was the lead lawyer in the 13 racketeering
suit? 14 A. I believe that's correct. 15 Q. Pardon? 16 A. I believe that's correct. 17 Q. Who reviews his bills? 18 A. I do. 19 Q. Okay. Now, I made a
records request for 20 his bills and all it says is, if I'm remember 21 correctly, billings for this, 60,000, billings for 22 that, 50,000. No breakdown at all. How can you 23 approve
something like that? 24 A. I did. 25 MR. GILL: Object to the form of the 144 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 question. 2 THE
WITNESS: I did. 3 BY MR. O'BOYLE: 4 Q. You did approve it? 5 A. Yes, I did. 6 Q. How could you? 7 A. No one else did. 8 MR. GILL: Object to the form of
the 9 question. 10 I would like to mark all these questions 11 about bills. 12 THE WITNESS: He was the lead counsel and 13 I trusted his billing. 14 BY MR.
O'BOYLE: 15 Q. And what you're really saying is, he's 16 incapable of making a mistake? 17 MR. GILL: Object to the form of the 18 question. 19 MR. GOLDSTEIN:
Joined. 20 THE WITNESS: I'm not saying that, but I 21 approved the bills. 22 BY MR. O'BOYLE: 23 Q. I'm not hearing that. 24 A. I'm not saying that, but I did
approve the 25 issuing of a check to Mr. Richman for whatever it 145 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 was. My responsibility. 2 Q. Who directs
Mr. Sweetapple? 3 MR. GILL: Object to the form of the 4 question. 5 MR. GOLDSTEIN: Joined. 6 THE WITNESS: I believe Mr. Sweetapple has 7 been hired
by the Town to represent the Town, 8 defend the Town, provide certain counsel to 9 the Town, and if there's any direction as it 10 relates to termination, that would be a Town
11 Commission decision, but he is in charge of 12 representing the Town in special cases. 13 BY MR. O'BOYLE: 14 Q. Are you aware that Mr. Sweetapple was 15 heard or overheard,
maybe, saying that the Town is 16 going to get my son as a way of getting me? Are 17 you aware of that? 18 MR. GOLDSTEIN: Object to form. 19 MR. GILL: Join. 20
THE WITNESS: Could you repeat the 21 question? 22 BY MR. O'BOYLE: 23 Q. Yes. 24 Mr. Sweetapple was overheard saying that 25 he is going to get my son as a way
of getting me. 146 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 A. Did I overhear that? 2 Q. No, I didn't ask you if you overheard it. 3 Are you aware
of that? Have you heard it? 4 A. No. 5 Q. Anybody told you? 6 A. No, no, no, not that I can recall. 7 Q. Are you aware that, in connection with my 8 son's law firm,
that the Mayor, on the official 9 Town stationery, filed Bar complaints against every 10 single one of them? 11 A. I read that in a -- perhaps in this I've 12 read it somewhere.
13 Q. Okay. What do you think of that? 14 MR. GILL: Object to the form of the 15 question. 16 THE WITNESS: I have no thoughts about it. 17 I'm sure he
was advised by counsel and it's 18 really not something that I'm legally capable 19 of commenting on or have legal expertise 20 enough to comment on. 21 BY MR. O'BOYLE: 22
Q. Can you give me just a plain old lay 23 opinion? 24 MR. GILL: Object to the form of the 25 question. 147 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting,
Inc. 1 I would like to mark the last three 2 questions, please. 3 THE WITNESS: No, I'm not. 4 BY MR. O'BOYLE: 5 Q. No, you can't? 6 A. No, I have no opinion
on it. 7 Q. Okay. That's fine. 8 The videotaping. Why did they change it 9 so it doesn't show the commission, but rather 10 showed the audience? And I ask that because
I've 11 never seen it before. Do you have any idea why? 12 MR. GILL: Object to the form of the 13 question. 14 THE WITNESS: You have never seen what 15 before?
16 BY MR. O'BOYLE: 17 Q. I have never seen where a meeting was 18 videotaped, but not the commissioners, the 19 audience, I've never seen it. 20 A. I know that we have looked
into improving 21 that video system, gotten quotes -22 Q. I'm sorry, I didn't catch that. 23 THE WITNESS: Could you repeat the 24 question? 25 148 Fort Lauderdale,
Florida 954-755-6401 Daughters Reporting, Inc. 1 (The question referred to was read by the 2 reporter as above recorded.) 3 THE WITNESS: You've never seen it. Okay,
4 you've never seen it. 5 BY MR. O'BOYLE: 6 Q. Yes, I guess my question to you is why? 7 A. The podium or pulpit, or whatever it is, 8 is the focus of the video camera,
I believe, and in 9 that process it picks up the audience because it's 10 in that direction. We just have a simple -- maybe 11 not as good as yours, I don't know, but it's one 12 directional.
13 Q. Does Mr. Richman have a -- and I'm not 14 sure I'm going to use the right term, retention 15 agreement with the Town, a retainer, whatever it's 16 called? 17 MR.
GILL: Object to the form of the 18 question. 19 THE WITNESS: I don't recall. It was an 20 agreement, but I don't know. At this setting, 21 I don't recall what it
was. 22 BY MR. O'BOYLE: 23 Q. Wouldn't you need something like that when 24 you are reviewing bills, reviewing information? 25 A. I approved bills as presented. 149 Fort Lauderdale,
Florida 954-755-6401 Daughters Reporting, Inc. 1 Q. Okay. Mr. Sweetapple, where did he come 2 from? 3 MR. GILL: Object to the form of the 4 question. 5 MR.
GOLDSTEIN: Joined. 6 THE WITNESS: I don't know where he came 7 from. 8 BY MR. O'BOYLE: 9 Q. I mean, did he -- did his car breakdown 10 and he walked in? What happened?
11 A. Oh, I believe he was independent counsel 12 representing Mayor Morgan on some case in regards 13 and for deposition and that's about all I know. 14 Q. Essentially, if
I'm hearing you right and 15 you were whispering again, Mayor Morgan brought him 16 in? 17 A. No, not exactly. I do remember having a 18 conversation with the Mayor where he seems
pretty 19 good to me, where did you find him. One thing led 20 to another and it was recommended that Town 21 Commission hire him as a special attorney for the 22 Town. 23 Q.
Do you know or can you tell me one 24 instance where the Commission voted down the Mayor, 25 and I'm not sure if I'm saying it right, but the 150 Fort Lauderdale, Florida 954-755-6401
Daughters Reporting, Inc. 1 Mayor said I introduce this ordinance and the 2 Commission voted three to two against the Mayor or 3 four to one against the Mayor, assuming the Mayor 4
was going to vote for himself? 5 A. This current Mayor? 6 Q. Yes. 7 A. No, I don't recall such a thing. 8 Q. So they've -- every time, he's gotten what 9 he wants;
is that correct? 10 MR. GILL: Object to the form of the 11 question. 12 MR. GOLDSTEIN: Joined. 13 THE WITNESS: I believe that they make 14 that decision
in a public hearing, public 15 meeting as a composite group. 16 BY MR. O'BOYLE: 17 Q. Have you ever in your office had more than 18 one commissioner at the same time? 19
MR. GILL: I'm going to object and 20 instruct him not to answer. It's an 21 inappropriate question to ask him that, 22 Mr. O'Boyle. That's an inappropriate 23 question.
Let's move onto something else. 24 MR. O'BOYLE: I'm not hearing -25 MR. GILL: I'm objecting and instructing 151 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting,
Inc. 1 him not to answer. Move on. It's an 2 inappropriate question. You are simply trying 3 to trick him into admitting something that you 4 know is inappropriate. 5
MR. O'BOYLE: Well, that's what you say. 6 And you are instructing him not to answer? 7 MR. GILL: Yes. 8 MR. O'BOYLE: That's fine. 9 BY MR. O'BOYLE: 10
Q. What is the legal budget this year? 11 A. Fiscal year '15/'16? 12 Q. I guess. 13 A. Current year we're in. The budget is 14 $1 million. 15 Q. And '15/'16
ends when? 16 A. September 30th. 17 Q. And do you have that already made for 18 '16/'17? Is that -19 A. No. I have a draft budget, but I don't -20 I don't set the budget,
it has to be approved. It 21 will be approved at whatever they establish it to 22 be sometime in September of this year for '16/'17. 23 Q. Have you ever been out, off the dais,
have 24 you ever been in the same room with two or more 25 commissioners? 152 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 A. No, not that I can recall, no.
2 Q. Okay. That's fine. 3 MR. GILL: I would like to mark that 4 question. 5 BY MR. O'BOYLE: 6 Q. Mr. Thrasher, we talked earlier about the 7 Coastal Star and
I told you, my recollection was, 8 that the Town said it was taking three and a half 9 hours per record request and if I can find it 10 quickly, I would like to show that you and ask
you 11 if it's a true statement. 12 A. Okay. 13 Q. If I can find it quickly. 14 Mr. Thrasher, I am going to show you an 15 article from the Coastal Star from July
30th, 2014, 16 and ask you if the photograph on the first page 17 looks at all familiar. 18 A. Okay. 19 MR. GILL: I'm going to object to you 20 having the witness comment
on something that's 21 not marked as an exhibit, so I think it should 22 to be marked as an exhibit. 23 MR. O'BOYLE: I'm not going to do it. 24 MR. GILL: Okay.
Then I would ask for 25 copies of this produced to us. 153 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 MR. O'BOYLE: Pardon? 2 MR. GILL: I
would ask for copies of this 3 to be produced to us. 4 MR. O'BOYLE: It's online. 5 MR. GILL: I want the date. I just want 6 the one that is the same as this.
7 MR. O'BOYLE: Right. If you go online, it 8 gives all the dates. 9 MR. GILL: So you are refusing to produce 10 a copy of this to us? 11 MR. O'BOYLE:
I've answered you. 12 If for some reason you can't get it 13 online, I'll be glad to supply it to you, but 14 you can get it online. 15 MR. GILL: I would like
copies of all the 16 documents you are showing to the witness 17 during the deposition. 18 MR. O'BOYLE: I hear you. 19 THE WITNESS: Your question is? 20 BY MR.
O'BOYLE: 21 Q. Does that picture in the lower left-hand 22 corner, does that ring a bell, familiarize, jog 23 your memory? 24 A. About what? 25 Q. About the picture.
154 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 A. Oh, I have seen this sign before. I don't 2 know where it's -- oh, you backed up into a parking 3 space
on the south side of the Town Hall? 4 Q. Yes. 5 A. Okay. I've seen this sign. 6 Q. Okay. That's all I wanted to know. 7 A. You want it back? You want to file
it? 8 Play with words. 9 Q. Here is the document that I was looking 10 for, Mr. Thrasher. 11 A. Okay. 12 Q. This is from the Coastal Star dated 13 September 3rd,
2014, and it says this: "Taylor 14 says the clerk's office has logged 4650 hours 15 handling the public records request from O'Boyle 16 and O'Hare". She says: "The office currently
is 17 logging about 145 hours per week or 72 percent of 18 its total work time dealing with the request". 19 Now, that's what she says and if we want 20 to do the arithmetic,
we can certainly do it, but 21 luckily Mr. O'Hare did the arithmetic. Here is 22 what he says. 23 "These numbers just don't make sense. 24 1252 requests in 18 months is only
2.3 record 25 requests per day. And given that most of these 155 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 requests are for a simple document, the Town's 2
claim that they have spent an average of 3.7 hours 3 responding to each request is ludicrous". 4 Now, my question to you is, is Mr. O'Hare 5 correct in the 3.7 hours? 6
MR. GILL: I'm going to object to the 7 question and move to strike the testimony of 8 the plaintiff. 9 THE WITNESS: I don't know. 10 BY MR. O'BOYLE: 11 Q. Is
it possible that he's correct? 12 A. I don't know. 13 Q. You don't even know if it's possible? Is 14 it impossible? 15 A. No, I don't think so. 16 Q. So, it can
be possible and it can be 17 impossible? 18 A. I don't know. I don't know the answer to 19 your question. 20 Q. Okay. You are trying to humor me. I 21 appreciate that.
22 A. No, I'm not trying to humor you. I think 23 I am just laughing at myself. 24 Q. Well, I appreciate that, but it's got to 25 be one of the two, doesn't it? 156 Fort
Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 MR. GILL: Objection; argumentative. 2 MR. GOLDSTEIN: Joined. 3 THE WITNESS: I don't have the
ability to 4 analyze what you are saying and to come up 5 with a conclusion at this setting. I'm sorry. 6 BY MR. O'BOYLE: 7 Q. Okay. And what conclusion do you think 8
I'm trying to -9 A. Whether or not Mr. O'Hare is accurate. 10 Q. Okay. And what you said is you don't know 11 or -12 A. At this setting, I don't know, yes. 13 Q.
Right. So can we agree that it's not 14 impossible that he's accurate? 15 MR. GILL: Objection; argumentative. 16 MR. GOLDSTEIN: Asked and answered. 17 THE
WITNESS: I don't know. 18 BY MR. O'BOYLE: 19 Q. Okay. 20 MR. GILL: I would like to order all the 21 questions that started with him reading from 22 -- well, I would
like to mark them for 23 possible order all questions starting when he 24 read from the article. 25 BY MR. O'BOYLE: 157 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting,
Inc. 1 Q. Why is the Town trying to punish me? 2 MR. GOLDSTEIN: Object to form. 3 MR. GILL: Join. 4 THE WITNESS: I don't think the Town is 5 trying
to punish you. 6 BY MR. O'BOYLE: 7 Q. How many people in the Town have been 8 charged with racketeering? 9 MR. GILL: Object to the form of the 10 question. 11
MR. GOLDSTEIN: Joined. 12 THE WITNESS: I don't know that I have an 13 answer to that. 14 BY MR. O'BOYLE: 15 Q. Pardon? 16 A. I don't know. I don't know.
I know that 17 it's possibly one. 18 Q. And who would that be? 19 A. I guess that would be you, but I don't 20 know if that's the charge. I'm not legally able to 21 decipher
racketeering situations. 22 Q. Okay. 23 A. So there may be nobody in our Town. 24 Q. So do you know of anyone else in the Town, 25 besides myself and Chris O'Hare, who
have been sued 158 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 for RICO? 2 MR. GOLDSTEIN: Form. 3 MR. GILL: Join. 4 THE WITNESS: I don't
know. I don't know. 5 BY MR. O'BOYLE: 6 Q. So there may be? 7 A. There may be, yes, I don't know. 8 Q. Okay. Right. Today, how many 9 un-responded to, it's just a
little inarticulate, 10 but records requests are there? 11 MR. GILL: Object to the form of the 12 question. 13 I would like to mark that question to 14 potentially
have transcribed. 15 THE WITNESS: I don't know. I don't know 16 how many unresponsive -- what the number of 17 unresponsive -18 BY MR. O'BOYLE: 19 Q. Un-responded
to, I would say, but it's not 20 articulate. 21 A. Okay. I don't know the number. 22 Q. Is it substantial? 23 MR. GILL: Object to the form of the 24 question.
25 THE WITNESS: I don't know what you mean 159 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 by substantial. 2 BY MR. O'BOYLE: 3 Q. Okay. Is it
more than 50? 4 A. I would say no, but I'm not sure. 5 Q. Is it more than ten? 6 A. I think so, but I'm not sure. 7 Q. What would make you think so on ten? 8
A. Oh, I would have to see the document. We 9 keep a log of those. 10 Q. Pardon? I'm sorry. 11 A. We keep a log. 12 Q. Right. 13 A. So I would have to see that
log. 14 Q. So it may be less than ten; is that right? 15 A. It could be. 16 Q. Okay. Do you agree that all of the issues 17 in connection with this lawsuit and in connection
18 with some surrounding issues emanate from the 19 records requests that I have made and the comments, 20 as I just represented to you Mr. Sweetapple made, 21 that they emanate from
the records request? 22 MR. GILL: Object to form of the question. 23 MR. GOLDSTEIN: Joined. 24 THE WITNESS: I don't think so. 25 BY MR. O'BOYLE: 160 Fort
Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 Q. Okay. Because these are a lot of issues 2 that, of course, are costing a lot of money. 3 What's driving them on
the Town's side? 4 MR. GILL: Object to the form of the 5 question. 6 MR. GOLDSTEIN: Joined. 7 MR. GILL: I would like to order that 8 question. 9
THE WITNESS: I don't know the answer. I 10 think the Town is being advised by counsel. 11 BY MR. O'BOYLE: 12 Q. You say you think? 13 A. I think. I don't know.
14 Q. Is it possible that the Mayor is making 15 these decisions unilaterally? 16 A. No. 17 Q. No? 18 A. No. 19 Q. How do you know? 20 A. I think he --
he would recognize that he 21 is a liaison or spokesperson for the commission, 22 perhaps, in these matters, but that decisions need 23 to be made in public forum. 24 Q. Didn't
the Mayor make all or virtually all 25 of the decisions regarding legal issues? 161 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 MR. GILL: Object to the
form of the 2 question. 3 MR. GOLDSTEIN: Joined. 4 THE WITNESS: I believe the Mayor is 5 listening to counsel. 6 BY MR. O'BOYLE: 7 Q. I'm sorry, I'm not
catching you. 8 A. Is listening, being advised by his special 9 counsel primarily. 10 Q. But isn't he making all the decisions? 11 And I ask this because I've been to the
meetings. 12 I've never heard them take a vote, except way back 13 when with Sweetapple, while they had a call with 14 Gerry Richman, but all of the other stuff I just 15 remember that
the Mayor made all of the decisions 16 himself. Does that sound right? 17 MR. GILL: Object to the form of the 18 question. 19 BY MR. O'BOYLE: 20 Q. Pardon? 21 A.
No. 22 Q. No. Okay. 23 Who did make the -- who did make the 24 decision? 25 A. I believe that the special counsel was 162 Fort Lauderdale, Florida 954-755-6401
Daughters Reporting, Inc. 1 entrusted in making those decisions by the Town 2 contracting with them. 3 Q. I'm not disputing that, Mr. Thrasher. 4 What I'm saying is, the person
directing those 5 lawyers is Mayor Morgan singularly? 6 MR. GILL: Object to the form of the 7 question. 8 THE WITNESS: I don't believe so. 9 BY MR. O'BOYLE: 10
Q. Okay. Then who else is doing it and when 11 are they doing it? 12 A. I believe that special counsel is taking 13 actions on behalf of the Town and in the best 14 interest
of the Town. 15 Q. And, again, I'm not disputing that at all. 16 What I'm saying is if the special counsel says to 17 me, as Mayor, and I'm not Mayor, of course, I think 18 we
ought to do this, if I agree with them, I'm then 19 going to put it on the agenda and ask the 20 commissioners to vote. I've never seen the 21 commissioners vote ever. Never. 22
MR. GILL: Move to strike the testimony. 23 Is there a question pending? 24 BY MR. O'BOYLE: 25 Q. Yes. Yes. 163 Fort Lauderdale, Florida 954-755-6401 Daughters
Reporting, Inc. 1 The question is: If the Mayor didn't do 2 it singularly in the context of five commissioners, 3 how was it done? 4 MR. GILL: Object to the form of
the 5 questioning. 6 MR. GOLDSTEIN: Joined. 7 THE WITNESS: I believe the special 8 counsel is doing these actions in the best 9 interest of the Town. 10 BY
MR. O'BOYLE: 11 Q. And I'm not disputing that, but the Mayor 12 -- has he gotten commission's approval? 13 A. I don't believe the Mayor is doing 14 anything unilaterally.
15 Q. Tell me, when I say unilaterally in the 16 scheme of the commissioners, not in the scheme of 17 outside counsel or any of that stuff, in the scheme 18 of the commissioners
-19 A. Yes. 20 Q. -- the Mayor does not say, in other words, 21 I've never seen special counsel say to him and I'm 22 guessing because I've never heard this, I want 23 to
-- I think we ought to file suit against Fred 24 and the Mayor say, I agree with you, I'm going to 25 put it on the agenda and we're going to take a vote 164 Fort Lauderdale, Florida
954-755-6401 Daughters Reporting, Inc. 1 on it. Have you ever seen that? 2 A. I'm not privy to that type of 3 conversation. 4 Q. Well, sure you are, you are sitting on the
5 dais with them. 6 A. Well, the conversation with the Mayor and 7 the attorney, I may not be. 8 Q. No, I'm not talking about the attorney, 9 I'm talking about solely the
commissioners. 10 MR. GILL: Mr. O'Boyle, this has been 11 asked and answered. He answered it. You 12 don't like his answer. We're pushing 6 13 o'clock here. Do
you have -- are you getting 14 nearer to being done? 15 MR. O'BOYLE: I don't know yet. 16 MR. GILL: Can you tell me how much more 17 time you think you have?
18 MR. O'BOYLE: You ask me this every single 19 deposition and I give you the same answer 20 every single deposition. I've given you the 21 answer. If you are going
to instruct him not 22 to answer, go ahead. 23 MR. GILL: Okay. The deposition is over. 24 We told you we were going to end at 6. I 25 think you've asked enough questions.
If you 165 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 feel you need more time, we can certainly 2 discuss that, but the deposition is over. 3 MR.
O'BOYLE: Well, if the deposition is 4 over, I'm going to tell you I am going to make 5 a motion to the magistrate and ask for 6 sanctions from you and, Mr. Thrasher, I will
7 also ask for sanctions from you. 8 MR. GILL: Can you identify what areas of 9 questioning you feel like you have not been 10 able to go into that are relevant to
the case? 11 MR. O'BOYLE: You ask me this every single 12 time. You see where I am right now, what I'm 13 asking. I am not an experienced lawyer. I'm 14 doing the
very best I can. If it's not good 15 enough for you, I apologize. 16 MR. GILL: Okay. 17 MR. O'BOYLE: I'm doing the best I can. 18 You want to end the deposition
and walk out, 19 that's your decision. 20 MR. GILL: Okay. We'll take it up with 21 the magistrate. 22 MR. O'BOYLE: Thank you. 23 MR. GILL: We will
read if it gets 24 ordered. We'll take a copy if it's ordered. 25 (The deposition adjourned at 6:03 p.m.) 166 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting,
Inc. 1 CERTIFICATE OF OATH 2 3 THE STATE OF FLORIDA 4 COUNTY OF PALM BEACH 5 6 I, Felecia Curreri, Registered 7 Professional Reporter, Notary Public, State of
8 Florida, certify that WILLIAM THRASHER personally 9 appeared before me on the 8th day of June, 2016 and 10 was duly sworn. 11 12 13 Signed this 23rd day of June, 2016. 14
15 16 FELECIA CURRERI, RPR 17 Notary Public - State of Florida 18 19 Accompanied by Counsel: Hudson Gill, Esquire 20 21 22 23 24 25 167 Fort Lauderdale, Florida
954-755-6401 Daughters Reporting, Inc. 1 CERTIFICATE OF REPORTER 2 THE STATE OF FLORIDA COUNTY OF PALM BEACH 3 4 I, Felecia Curreri, Registered 5 Professional
Reporter, do hereby certify that I was authorized to and did stenographically report the 6 deposition of WILLIAM THRASHER; that a review of the transcript was requested; and that the
7 foregoing transcript, pages 4 through 165, is a true and complete record of my stenographic notes. 8 9 I further certify that I am not a relative, employee, attorney, or
counsel of any of 10 the parties, nor am I a relative or employee of any of the parties; attorney or counsel connected with 11 the action, nor am I financially interested in the action.
12 13 The foregoing certification of this transcript does not apply to any reproduction of 14 the same by and means unless under the direct control and/or direction of the
certifying 15 reporter. 16 Dated this 23re day of June, 2016. 17 18 19 Felecia Curreri, RPR 20 Registered Professional Reporter 21 22 23 24 25 168
Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 PLEASE ATTACH TO THE DEPOSITION OF: WILLIAM 2 THRASHER 3 IN THE CASE OF: O'BOYLE vs. SWEETAPPLE, 2016 4
ERRATA SHEET 5 INSTRUCTIONS: Please read the original transcript of your deposition and make note of errors or 6 amendments in transcript on this page. DO NOT MARK on the
original transcript itself. Please sign and 7 date this sheet. 8 PAGE LINE ERROR OR AMENDMENT REASON FOR CHANGE 9 __________________________________________________ 10 __________________________
________________________ 11 __________________________________________________ 12 __________________________________________________ 13 __________________________________________________
14 __________________________________________________ 15 __________________________________________________ 16 __________________________________________________ 17 _________________________________
_________________ 18 __________________________________________________ 19 __________________________________________________ 20 __________________________________________________ 21
Under penalties of perjury, I declare that I have 22 read the foregoing document and that the facts stated in it are true. 23 Signature of Deponent: _________________________ 24 Date:
____________ 25 169 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 June 23, 2016 2 3 Re: O'BOYLE vs. SWEETAPPLE 4 Deposition of: WILLIAM THRASHER, taken June 8,
2016 5 Dear Mr. Gill: 6 Please take notice that on the 23rd day of June, 7 2016, your client gave his deposition in the above referred matter. At that time, he did not waive 8 his
signature. It is now necessary that he sign his deposition. 9 10 Please call our office at the below-listed number to schedule an appointment 11 between the hours of 9:00
a.m. and 4:30 p.m., Monday through Friday. 12 If you do not read and sign the 13 deposition within a reasonable time, the original, which has already been forwarded to the
ordering 14 attorney, may be filed with the Clerk of the Court. If you wish to waive your signature, sign your name 15 in the blank at the bottom of this letter and return it to us.
16 17 Very truly yours, 18 19 FELECIA CURRERI, RPR Daughters Reporting, Inc. 20 954-755-6401 21 I do hereby waive
my signature: 22 _______________________ 23 WILLIAM THRASHER 24 25 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 1 Fort Lauderdale, Florida 954-755-6401 Daughters
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142:1 142:12,23 143:25 144:8 8 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 144:17 145:3 145:19 146:14 146:24 147:12 148:17 149:3 150:10,19,25 151:7 152:3,19 152:24
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11 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 131:18,18,18 131:18 132:5,6 132:6 168:8 lines48:15,16,17 48:20 104:25 105:2 listening 63:14 161:5,8 litany 133:4 litigation
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155:4 156:9 157:25 O's115:25 OATH 166:1 object 30:8 32:24 34:22 35:4,18 36:3 36:14 37:15,25 38:14 39:1,8 41:10,24 42:14 42:21 44:11 45:10 47:12 49:2,9 53:24 55:2,10,20 56:19 65:23 66:19
67:9 69:17 71:21 72:9 73:21 74:25 75:11 77:21 79:6 80:25 81:11 82:14 83:1,15 84:10 85:1 86:14 87:3,9 13 Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 88:4 89:6 90:13
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.pdf
101396~1.pdf
101396_THRASHER, WILLIAM.pdf
application/pdf
88CBCB3FC4736242BF0FFE6CEFCB3525@gulf-stream.org
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101396_Thrasher Exhibit 2.pdf
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101396~1.pdf
101396_Thrasher Exhibit 2.pdf
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F61EBFCF06F6A44DBB0426F5BD582635@gulf-stream.org
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101396_Thrasher Exhibit 1.pdf
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101396~1.pdf
101396_Thrasher Exhibit 1.pdf
application/pdf
B5B43542718E2243B652C09241CD7EC4@gulf-stream.org
EnUs
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From: Hudson Gill [mailto:hgill@jambg.com]
Sent: Thursday, June 23, 2016 1:43 PM
To: Rebecca Tew <rtew@gulf-stream.org>
Cc: OConnor, Joanne M. <JOConnor@jonesfoster.com>
Subject: Thrasher deposition
Rebecca:
Attached please find a copy of the deposition of Mr. Thrasher along with the two exhibits.
Hudson
Hudson C. Gill, Esquire
Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A.
2455 East Sunrise Boulevard, Suite 1000
Ft. Lauderdale, Florida 33304
PH: HYPERLINK "tel:954-463-0100"954-463-0100
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