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HomeMy Public PortalAbout10 10 14 MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, OCTOBER 10, 2014 AT 9:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. Mayor Morgan called the meeting to order at 9:00 A.M. II. Pledge of Allegiance. The Pledge of Allegiance was led by Mayor Morgan. III. Roll Call. Present and Participating: Also Present and Participating: Scott W. Morgan Robert W. Ganger (via phone) Joan K. Orthwein Thomas M. Stanley Donna S. White John Randolph William H. Thrasher Rita L. Taylor Garrett J. Ward Christopher O'Hare Tony Graziano Patricia Randolph Danny Brannon Richard Jones (via phone) Mayor Vice Mayor Commissioner Commissioner Commissioner Town Attorney Town Manager Town Clerk Police Chief Town Resident Town Resident Town Resident Engineer Architect IV. Minutes. A. Regular Meeting & Public Hearing 9 -12 -14 @ 4:00 P.M. B. Public Hearing- Tentative Budget 9 -12 -14 @ 5:01 P.M. C. Public Hearing -Final Budget 9 -23 -14 @ 5:01 P.M. There were no corrections or changes and Commissioner Stanley moved the approval of all three meetings and the motion was seconded by Commissioner White with all voting AYE at roll call. V. Additions, withdrawals, deferrals, arrangement of agenda items. Mayor Morgan asked if there were any changes to the agenda being requested. Town Clerk Taylor asked to have Item X.A.2. at a time certain of 9:45 A.M. and there were no objections. VI. Announcements. A. Regular Meetings and Public Hearings 1. November 14, 2014 @ 9:00 A.M. 2. December 12, 2014 @ 9:00 A.M. 3. January 9, 2015 @ 9:00 A.M. 4. February 13, 2015 @ 9:00 A.M. 5. March 13, 2015 @ 9:00 A.M. 6. April 10, 2015 @ 9:00 A.M. Mayor Morgan called attention to the next meeting date of November 14, 2014 and asked if anyone had a conflict with this date and none were acknowledged. Town Commission Regular Meeting & Public Hearing 10 -10 -14 VII. Communication from the Public (5 min. maximum) The Mayor asked if anyone wanted to speak and Christopher O'Hare was recognized. Mr. O'Hare stated there were discrepancies between what is written and what actually happened. He said he had questioned the 3% raise for Mr. Thrasher in the final budget which was previously an 8% raise for salary and benefits. He said the minutes reflect that that Commissioner Stanley had said that was the same in both budgets, but it was actually 8% to begin with and was reduced by 5 %. He said he had also made a comment regarding the town paying more money in legal fees to fight some of these small claims against the town than it would cost to resolve those claims. He claimed that the minutes stated the opposite. Mr. O'Hare believed that it appears money is being designated or parked in accounts or places where there is no intention of spending it. He believed this is just a way to "park" money and then shift it to legal fees next year. He noted that the amount allocated for legal fees is less than the town spent in the month of July. He then reminded that the town had an emergency meeting to discuss a handicap ordinance or reasonable accommodation which called for a 7 month approval process. He stated he spoke against it and the Mayor had stated that it was really about "sober houses ". He noted that the town is now hiring an attorney in regard to the sober house ordinance that has already been adopted. He questioned if someone is suing the town because of a sober house. Patricia Randolph was recognized and stated that she is voicing the concern of Gulf Stream residents over the town's financial health and it's morale. Referring to the mayors June 14th letter, she remarked it was very informative and well received by the community, and she hoped he would continue to send out similar reports. She quoted a portion of the letter as follows: "Over time, the Town built up a reserve of funds that could be used for capital improvements or for emergency spending, like storm damage or water line repairs. Current thinking is that a reasonable General Fund Reserve for a town of our size should be around $1 million to $1.5 million, and that is a level that Gulf Stream has typically maintained. Recently, Gulf Stream's General Fund Reserves have dropped to around $675,000. Legal fees and costs have risen dramatically due to our defending over 20 lawsuits filed by two residents, Mr. O'Boyle and Mr. O'Hare. These lawsuits are primarily Public Records actions and relate to over 800 public records requests filed by these two residents or by other individuals and organizations with whom they appear to be connected. The records requests involve many thousands of documents and, in my opinion, have little purpose other than to harass and financially damage our Town. In addition to paying legal fees for litigation work, the Town has legal advice to help it respond to some other unusual situations, including matters relating to O'Boyle and O'Hare. To put legal fees in perspective, Gulf Stream typically budgets around $15,000 annually for legal services, in the first 6 months of this year we have already spent over $160,000." She asked that year to 2 Town Commission Regular Meeting & Public Hearing 10 -10 -14 date numbers be put on the website and that the numbers be revised monthly for the residents to see, as it is their money. Ms. Randolph then emphasized the communities' repulsion regarding the signs with crude, immature, bathroom language that appear in the sky and on the streets. She further stated that residents are sick and tired of the inappropriate behavior of a resident toward the town's female employees. She then quoted from a letter obtained thru the public records request process that is addressed to Mr. O'Boyle from the Town Manager as follows: "I have received complaints that on several occasions, whether intentionally or otherwise, you have caused disruption of employees' work activities and have engaged in conduct with female employees which they deem to be inappropriate causing them to be uncomfortable. Therefore, please be advised as follows: Please do not touch any of the female employees in any manner. This includes handshakes, hugs, arms around the shoulders, kissing or any other similar uninvited activity." Ms. Randolph stated there is no longer apathy in Gulf Stream, people are fed up. She cited the recent election which experienced the largest turn out ever in Gulf Stream. She closed by stating the residents strongly support the efforts to fight these attacks on the town and recognize that this will be costly, but necessary and important for the town to stand strong. VIII. PUBLIC HEARING Mayor Morgan asked if there have been any ex -parte communications. Commissioner Stanley stated he has passed by the site several times. A. Applications for Development Approval. At the direction of the Mayor, the Town Clerk administered the oath to Richard Jones, the agent for the project, and Tony Graziano, Town Resident. 1. An application submitted by Richard Jones as Agent for 3140 Polo LLC, owner of property located at 3140 Polo Drive, Gulf Stream, Florida 33483, legally described as Lt 7 Gulf Stream Cove. Mr. Jones called attention to the rendering of the proposed structure on the screen and a colored landscape plan. He pointed out the structure is a classic Gulf Stream Bermuda style home of modest size. He then pointed to the open view down the canal and into the Intracoastal Waterway. When showing the site plan he called attention to the size of the lot and noted that it is smaller in size than the average lot in the Core District and dictates a smaller house, approximately 3,600 square feet, two story great room plan, two car garage with the second story being reduced in size. In looking at the elevations he pointed to the signature parapet detail that flanks the entry. Mayor Morgan asked if there have been any complaints or comments from the neighbors and the answer was, no. 3 Town Commission Regular Meeting & Public Hearing 10 -10 -14 Mr. Graziano was recognized and sated that he had no issue with this particular project but that he did have a comment about what goes on in town during construction. He acknowledged that there is an ordinance that regulates days and hours that contractors can work, and noted that 40 years previous the community had been a "snow- bird" but now there are many more people who are here year around. He pointed out that during the summer season work is permitted on Saturday. Mr. Graziano further pointed out that for those who work all week it must be very disturbing to be awakened on Saturday morning by construction activities. The second point he raised was that there is no effective enforcement mechanism for requiring contractors to start at 8:00 A.M. and stop at 5:00 P.M. He stated these hours can be violated every day with the only remedy being to call the police and have them come and speak to the workers. He asked that some ordinance changes be made so residents not be awakened before 8:00 A.M. Mayor Morgan was in agreement that perhaps the time has come to re -asses the Saturday work regulations. He advised that one of his priorities is to establish some type of penalty clause for violations such as have been mentioned and work is in progress to accomplish this. Commissioner Orthwein commented that the Core area is very small and the number of construction vehicles in a small space cause a considerable amount of destruction to the lawns. She asked if they will be submitting a plan to control this problem. Mr. Jones said he was certain that the developer will follow a plan to control the problem. Mayor Morgan stated he believed the developer had made mention of having the vehicles contained on the property, adding that the town has provided a space in the back of the town hall property that is available for contractor parking. The Mayor questioned if the deed restriction that was recommended by the ARPB was at issue to which Mr. Jones replied that it is no longer an issue. Commissioner Stanley asked Mr. Jones to explain how drainage across the driveway would be taken care of. Mr. Jones explained that the run -off is directed to the southeast, into the swale at the front of the property. Commissioner Stanley questioned what is behind the parapet on the front of the structure to which Mr. Jones replied that there is a small portion of roof that covers a portion of the den. There were no further questions from the Commission or the public. a. Demolition Permit to remove existing structures. 4 Town Commission Regular Meeting & Public Hearing 10 -10 -14 Commissioner Stanley moved to approve the Demolition permit and the motion was seconded by Commissioner Orthwein and all voted AYE at roll call. b. Land Clearing Permit to clear property for new const. Commissioner Stanley then moved to approve the Land Clearing Permit, Commissioner Orthwein seconded the motion and all voted AYE at roll call. c. Special Exception #1 to permit the reduction of the rear waterfront setback to 3712 ". A motion to approve the Special Exception #1 was made by Commissioner Stanley that was seconded by Commissioner Orthwein with all voting AYE at roll call. d. Special Exception #2 to permit 99 sq. ft. of covered, unenclosed area that exceeds the maximum floor area ratio. Commissioner Stanley moved to approve Special Exception #2 to permit 99 square feet of covered, unenclosed area that exceeds the maximum floor area ratio, subject to a deed restriction limiting the enclosure of the 99 square feet of covered unenclosed area. Commissioner Orthwein seconded the motion and all voted AYE at the roll call. e. Level 3 Architectural/ Site Plan Review to permit construction of a 2 story single family Gulf Stream Bermuda style dwelling with attached 2 car garage, consisting of 4,540 square feet, and a swimming pool. Commissioner Stanley moved to approve the Level 3 Architectural /Site Plan to permit construction of a 2 story single family Gulf Stream Bermuda style dwelling with attached 2 car garage, consisting of 4,540 square feet, and a swimming pool. Commissioner Orthwein seconded the motion and all voted AYE at roll call. Mayor Morgan announced that it is nearing the time for the time certain item, 9:45 A.M., which is Item X.A.2. Inasmuch as it was not quite time, he announced that Item X.A.l. would be considered at this time. X. Items for Commission Action. A. Items by Town Attorney 1. Consideration of Hiring Special Counsel - Reasonable Accommodation Ordinance Attorney Randolph stated that he is recommending that the Town arrange for representation with an outside counsel that specializes in fair housing matters to assist in the future with issues that may be related to the recently adopted Reasonable Accommodation Ordinance. He reported that he had spoken to both Attorney Jamie A. Cole and Attorney Matthew H. Mandel, with the firm of Weiss, Serota, Helfman, Pastoriza, Cole and Boniske, regarding their possible representation on an as needed basis. Mr. Randolph pointed out that Mr. Mandel has handled more than 20 Fair Housing zoning related matters for cities including, Boca Raton, Delray Beach, Port St. Lucie, Deerfield Beach, Pompano Beach and Pinecrest. 5 Town Commission Regular Meeting & Public Hearing 10 -10 -14 He stated that this firm had offered their governmental rate of $250.00 per hour, as needed, if the town were to hire them. Attorney Randolph assured that there is no pending suit, nothing currently on the table and nothing in regard to it. Because these matters are in their area of expertise, he recommended that the town retain that firm in any matters that may come up in regard to that. Mayor Morgan pointed out that the ordinance has an application provision to be followed and he believed assistance would be needed when considering these applications. Commissioner White inquired if a retainer would be required to which Mr. Randolph replied that he didn't believe so but a retainer letter would be executed and if a retainer is so noted in the letter, the matter would be brought back to the Commission for reconsideration. Commissioner Stanley moved to authorize to retain Weiss, Serota, Helfman, Pastoriza, Cole and Boniske as special counsel with regard to the items as stated by the Town Attorney subject to a fee of $250.00 per hour and no advance fees due. The motion was seconded by Commissioner Orthwein and all voted AYE at roll call. 2. Consideration of Filing RICO Action & Retaining Special Counsel to Represent the Town. Attorney Randolph welcomed Attorney Gerald F. Richman via conference line and then introduced Attorney Joanne O'Connor from the Jones, Foster Office who is the one that has been primarily involved in regard to defending the Town in relation to the several public records suits that have been filed against the Town. He said that by way of background, before hearing from Mr. Richman in regard to this, he has asked Attorney O'Connor, with the permission of the Commission, to give some background in relation to this matter. Attorney O'Connor advised she is the litigation partner with the firm and wanted to bring everyone up to date on the status of the public records suits and the public records requests that have been made to the Town. She focused on the public records requests over the 13 months that have passed since the end of August 2013 as there is a good log on how many have been made, more than 1,500, and that the overwhelming majority of those have been made by two town residents, Mr. Christopher O'Hare and Mr. Martin O'Boyle and /or entities with which they are affiliated. Attorney O'Connor said more than 400 have been made by Mr. O'Hare in his name individually and another 300 made by him using fictitious names and email addresses, including someone who has sued the town related to those requests. Several hundred more have been made by Mr. O'Boyle and entities with which he's affiliated as indicated by records thru the Florida Department of State. The records requests have barraged the town's staff, she said, adding that Mr. O'Hare on October 8, 2013 made 89 requests in one day and another day in September 2013 on a Sunday he made 40 records requests over a 4 hour time period. Thirty Six public 6 Town Commission Regular Meeting & Public Hearing 10 -10 -14 records law suits have been filed by Mr. O'Hare, Mr. O'Boyle and /or their entities with whom they are affiliated, out of these requests. She stated that three of those have been dismissed and 33 are pending, and that she had provided a listing of all suits that have been filed. With regard to the three that have been dismissed, two were voluntarily dismissed by Mr. O'Hare and one was voluntarily dismissed by an entity called the Citizens Awareness Foundation which Mr. O'Boyle has testified is an entity funded by him. Attorney O'Connor stated that of those law suits, 20 were brought by Mr. O'Hare, seven of which relate to those public records requests that were made on that Sunday, September 29th, one was brought by Mr. O'Boyle and Mr. O'Hare that relates to public records requests and purported sunshine law violations, about one dozen law suits filed by Mr. O'Boyle or entities with which he is affiliated, and in fact in a recent law suit he filed against Mayor Morgan, Attorney Sweetapple and the Town she said he referred to being engaged in 12 public records law suits against the Town. Addressing the financial aspect of these matters, Attorney O'Connor began by explaining that they track all of the general advice and counsel that is provided to the Town and then specific matters for each individual law suit. She said that since January 2014 the Town has spent, for the specific law suits, approximately $220,000.00 or an average of $24,000.00 per month and there are related costs such that the total spent with Jones, Foster is $370,000.000. Attorney O'Connor explained that figure included the cost for the law suits and time spent working with town staff helping to navigate the public records act as many requests are very broad. Ms. O'Connor advised that there are eight cases that are not public records related that have been filed by Mr. O'Hare and Mr. O'Boyle, one of which has been dismissed and the insurance company is handling all but one of those. She said there are two recent cases, one is a slander case that has been filed by Mr. O'Boyle against the Mayor, Mr. Sweetapple and the Town. The other is a case Mr. O'Boyle has filed against the Town, Mr. Thrasher and Chief Ward relating to an incident that occurred a week or two previously when he came in to make a public records request. Mayor Morgan noted that public record law suits are not covered by the Town's liability insurance and the Town must pay counsel from the Town's Reserves. Attorney Randolph called attention to the curriculum vitae of Gerald Richman that was included with the agenda and advised he is on the phone if the Commission would like to hear from him in regard to the action that is proposed. Mayor Morgan asked Attorney Richman to introduce himself and to give his opinions regarding the Town's advancing this action. 7 Town Commission Regular Meeting & Public Hearing 10 -10 -14 Mr. Richman stated that he would not go into detail but that he is a past president of the Florida Bar and he is a very active trial lawyer that has been involved in RICO Cases. He believed the best way to counteract what the town is going thru is to file a RICO action in Federal Court. The purpose of the action would be to seek an injunctive relief and damages against the enterprise they have now which would include the law firm, individuals and the Citizens Awareness Foundation where they are involved in bringing this series of actions is believed to have no merit. He explained the scope of the litigation would be to include all of the action that have taken place over in excess of a year to a year and a half. He said he has spoken at length with Attorneys O'Connor and Sweetapple and had become involved because he had a client who is a contractor that contracts with the South Florida Water Management District and had been drawn into a public records request where they simply made a request for an insurance certificate and did it in a way where the company would not have been aware or had personnel available to go ahead and even answer the request. Attorney Richman said he is well aware of their tactics and is prepared to go ahead and aggressively pursue them. Mayor Morgan asked what type of damages can be obtained thru filing a RICO action. He answered that, if successful, it provides for attorneys fees and triple damages that you would not be able to recover. In this case the damages to be sought would be damages related to the cost and expense of defending all of these spurious actions supporting a racketeering enterprise. In addition there is a possibility the action could include other municipalities joining in as well and possibly supporting the expense of the litigation, he said. Mayor Morgan asked if Gulf Stream would then be supporting a class action suite which Mr. Richman confirmed. Mr. Richman advised that only one plaintiff is needed to head this type of action. Mayor Morgan then asked what Mr. Richman's fee schedule would be to handle this action. Mr. Richman advised that they have proposed a partial contingency agreement. He said the customary rates for his law firm range from $250 to $750 per hour and they would be willing to go forward on either a two - thirds of their hourly rate with a 25% contingency or 50% of their hourly rate with a 35% contingency. He emphasized his firm does not take cases on a contingent basis unless they believed the case has merit and a reasonable chance of being successful or what could be a substantial amount of damages to be recovered. Commissioner Stanley inquired if there would be costs involved over and above what has been mentioned and Mr. Richman advised there would be the usual expenses incurred such as witness and filing fees, etc. that would be billed on a monthly basis. 9 Town Commission Regular Meeting & Public Hearing 10 -10 -14 Commissioner Orthwein asked if there is any way to estimate how much overall this would cost and he replied that on the reduced hourly rate an estimate would be $20,000 to $25,000 the first few months but it's hard to say beyond that as you would not know what the other side would be doing. On a question from Mayor Morgan, Mr. Richman confirmed that the prevailing party would get attorney fees in addition to approvable triple damages. Mayor Morgan asked the Town Clerk to read the note that had been received earlier this morning from Mr. O'Boyle. Mrs. Taylor read the note in its entirety and which was made a part of the official record and is attached hereto. Commissioner White asked Mr. Richman if he could give an estimate of how long this case could stretch out to which Mr. Richman replied that this is a very difficult question. He said very few law suits filed in civil court ultimately end up in trial, most are settled along the line. He added that cases in Federal Court such as this usually move quickly, faster than state courts. He said the unknown is which of the several federal judges gets the case and how fast they move their docket. Mayor Morgan believed the town has suffered enough with expending funds, times, resources, morale and the difficulties of retaining and hiring employees as a result of the scandalously malicious law suits and public records requests filed by Mr. O'Hare and Mr. O'Boyle and their related entities. He added it is time for the madness to stop. He then asked if there is a motion on the recommendation by counsel. Attorney Randolph commented that if in the event it was decided to move forward you would want to specify which of the two options you choose. Mayor Morgan stated his preference would be to reduce the hourly rate as much as possible because of the unseen nature of those costs and would therefore recommend the 50% hourly rate with the higher contingency of 35 %. Commissioner Orthwein stated she agreed that the 50% is the more prudent way to go. Commissioner Stanley pointed out after lowering the upfront costs by the hourly rate not only is the objective to get damages and recovery but also to cease expenditures by current actions. The Mayor observed that the town can either take the approach of defending the individual cases as they come in and bleed to death or we can take steps necessary to stop those cases by advancing this case 9 Town Commission Regular Meeting & Public Hearing 10 -10 -14 which shows from the evidence to date a conspiracy of sorts to advance actions that essentially do nothing other than to shake down municipal agencies and related contractors for funds and with all the talk about public access, helping the common man is nonsense and has all been about money. He believed by putting a stop to it by this RICO action we then put a stop to the individual law suits on the public records requests. Commissioner Orthwein agreed and pointed out that the Town tried settling with them once and it's important that we protect ourselves. Mr. O'Hare was recognized and stated he understood the purpose of the RICO is to get rid of the public records request and stated he had a question about the RICO. He recognized Mr. Richman as a great attorney and well respected and indicated that he is going to be indicted in the RICO action. He said that 3 months ago Mr. Sweetapple said to his attorney that if he dismissed all of his charges Mr. O'Hare would not be included in the RICO action. He expressed his dislike for law suits, citing how expensive they are and stated that because he is innocent this will go to a jury trial. He believed the cost will then go to bills of $100,000 or $200,000 a month till the trial takes place, and then there would probably be a settlement prior to the start of the trial. He said this could costs millions of dollars and it is not the Commissions money, it's the tax payer's money. He also said these cases could be resolved by admitting guilt and paying attorney's fees. He noted that Joel Chandler's case was settled for $1,500.00 and yet the Town pays $20,000 saying the Town is not guilty and is not going to cooperate. He encouraged the Town to reconsider. Mr. Tony Graziano, a town resident, was recognized and stated he didn't usually agree with Mr. O'Hare but that he had said something to which he did agree. Mr. Grazino stated that "it is our money and we would like to see you spend it fighting these gentlemen ". Commissioner Stanley moved to retain special counsel, Richman Greer, P.A., specifically Gerald F. Richman, based on a fee structure of 50% reduction of the standard hourly rate with a 35% contingency fee on any recovery. Commissioner Orthwein seconded the motion and all voted AYE at roll call. IX. Reports. A. Utility Undergrounding -Danny Brannon (Engineer) Mr. Brannon advised that the electrical portion of the lst phase of the Undergrounding has been completed and all properties in that area have been connected to the new service. He further advised the contractor will now be going back and making any repairs that are needed on the paving etc. and the as -built drawings are being prepared. Florida Power and Light has advised Mr. Brannon that their new information for the Phase 2 should be available at the end of the month. 10 Town Commission Regular Meeting & Public Hearing 10 -10 -14 B. Town Manager There were no questions and the report was accepted as circulated. C. Architectural Review & Planning Board 1. Me a. b. c. d. e. !eting Dates October 23, 2014 @ 8:30 A.M. November 20, 2014 @ 8:30 A.M. December 18, 2014 @ 8:30 A.M. January 22, 2015 @ 8:30 A.M. February 26, 2015 @ 8:30 A.M. D. Finance Director 1. Financial Report for September 2014 2. Water Usage Report as of September 30, 2014 There were no questions for the Finance Director and the two reports were accepted as presented. E. Police Chief 1. Activity for September 2014 The report was accepted as submitted. X. Items for Commission Action. A. Items by Town Attorney 1. Consideration of Hiring Special Counsel - Reasonable Accommodation Ordinance 2. Consideration of Filing RICO Action & Retaining Special Counsel to Represent the Town. Items X.A.1.& 2. were heard earlier in the meeting. B.Items By Mayor & Commissioners There were no items by the Mayor or the Commissioners. XI. Adjournment. Mayor Morgan adjourned the meeting at approximately 10:20 A.M. /\A K Rita L. Taylor Town Clerk 11 Good Morning: I hand this writing to you at the behest of Martin O'Boyle who is out of town. Mr. O'Boyle wishes to address the agenda item titled "Consideration of Filing RICO Action and Retaining Special Counsel to Represent the Town". For those of you who are not familiar with RICO Actions, the costs for such Actions have been known to run into the millions of dollars. Mr. O'Boyle assumes that he along with his associates is the recipients of this proposed RICO Action. In connection with the proposed RICO Action, Mr. O'Boyle wishes to provide the Commission with a warning that any such launch will be met with an unfriendly response. Mr. O'Boyle reminds the Commission that the Mayor has been inviting a fight for some time now. Mr. O'Boyle further reminds the Commissioners that should they decide to embark upon and support the Mayor's Grand Battle; the likely result will be the demise of Gulf Stream. Mr. O'Boyle urges Gulf Stream to file their planned RICO Action as soon as possible, provided that they believe it is the proper thing to do, and remembering their fiduciary responsibility.. In closing Mr. O'Boyle wants all to know that he is waiting for the Commissioners to take action; and he wants all to be prepared for the strike which he will inflict, which may include, inter a1ia, a RICO Action against the Town and \or all of is Commissioners and Manager.. Gerald F. Richman, Richman Greer, P.A. 250 Australian Ave., South, Suite 1504, West Palm Beach, FL 33401 Tel. 561- 803 -3500 Fax 561- 820 -1608 Email: grichman( richmanereer.com Professional Experience Gerald F. Richman, President of Richman Greer, P.A., is board certified by The Florida Bar as both a civil trial lawyer and business litigation lawyer concentrating in trial and appellate practice, and complex commercial litigation with emphasis on antitrust, securities, contract, construction, federal agency, corporate, banking, civil RICO, professional liability, consumer, employment, civil rights, probate litigation and class action issues, representing both plaintiffs and defendants. In 2000 as lead counsel he conducted the trial of one of the three presidential election vote cases. Education He earned a degree in Building Construction, with honors, at the University of Florida, his Juris Doctor at the University of Florida College of Law, and studied at Georgetown University's Graduate Law School. Professional Activities He is a Fellow of the American College of Trial Lawyers, served on the Board of Governors of the International Society of Barristers, is a Charter Member of both the Miami Chapter of the American Board of Trial Advocates ( "ABOTA ") and the National Association of Consumer Advocates, has served as President of the ABOTA chapter of Palm Beach, is a National ABOTA Board Member and is Co -Chair of the International Issues Committee where he has organized and participated in jury trial demonstrations in Latvia (2006), Portugal (2008), Korea and Japan (2010) and Berlin (2014) . He received the ABOTA National Masters In Trial Award in 2011. In 1984, he was elected as President of The Florida Bar after having served since 1980 as a member of the Board of Governors, and having chaired the Bar's Professional Ethics Committee. He was a member of the House of Delegates of the American Bar Association for several terms, and has served as President of the Dade County Bar Association. By appointment of the Governor, he was a member and served as Chair of the Fourth District Court of Appeal Judicial Nominating Commission (Florida). Honors and Distinctions While at the University of Florida, he was Executive Editor of The Law Review, Chancellor of the Honor Court and was selected as the best speaker in the state and regional Moot Court competitions. He also co- authored the fast place brief in the National Moot Court competition. While in the Defense Appellate Division of the Army Judge Advocate General's Corp in Washington, D.C., he was awarded the Presidential Service Badge for Honorable Service at the White House. An AV rated lawyer by Martindale Hubbell, he has been selected since 1990 for the Business Litigation section of The Best Lawyers in America, was selected as the Best Lawyers 2011 West Palm Beach Bet - The - Company Litigator of the Year, is listed in Chambers USA Directory as a leader in his field, and is in Who's Wio In America. He has also been repeatedly named as one of the top 100 attorneys in the state and as a Florida Super Lawyer- in the area of business litigation.