HomeMy Public PortalAboutPRR 15-1704RECORDS REQUEST (the "Request ")
Date of Request: 1/13/2015
Requestor's Request M #:
979
REQUESTEE: Custodian of Records Town of Gulf Stream
REQUESTOR: STOPDIRTYGOVERNMENT, LLC
REQUESTOR'S CONTACT INFORMATION: E -Mail: records @commerce- group.com
Fax: 954- 360 -0807; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442
REQUEST:
Provide all records that demonstrate that Joel Chandler was (a) former CEO for Citizens
Awareness Foundation; and (b) that he is fully aware of the litigation and public information
requests tactics of Martin O'Boyle and the impropriety of same.
ADDITIONAL INFORMATION REGARDING REQUEST:
THIS REQUEST IS MADE PURSUANT TO ARTICLE I, SECTION 24 OF THE FLORIDA CONSTITUTION AND CHAPTER 119,
FLORIDASTATUTES
IF THE PUBLIC RECORDS BEING SOUGHT ARE MAINTAINED BY YOURAGENCY IN AN ELECTRONIC FORMAT PLEASE
PRODUCE THE RECORDS IN THE ORIGINAL ELECTRONIC FORMAT IN WHICH THEY WERE CREATED OR RECEIVED.
SEE 41 19,010)(F), FLORIDA STATUTES. IF NOT AVAILABLE IN ELECTRONIC FORM, IT IS REOUESTED THAT THIS
RECORDS REQUEST BE FULFILLED ON 11 X 17 PAPER NOTE: IN ALL CASES (UNLESS IMPOSSIBLE) THE COPIES
SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 119.07(4) (a) (2)
ALSO PLEASE. TAKE. NOTE OF §119.07(1)(H) OF THE FLORIDA STATUTES. WHICH PROV IDES THAT "IF A CIVIL ACTION
IS INSTITUTED WITHIN THE 30 -DAY PERIOD TO ENFORCE THE PROVISIONS OF THIS SECTION WITH RESPECT TO
THE REQUESTED RECORD, THE CUSTODIAN OF PUBLIC RECORDS MAY NOT DISPOSE OF THE RECORD EXCEPT BY
ORDER OF A COURT OF COMPETENT JURISDICTION AFTER NOTICE 7'O ALL AFFECTED PARTIES."
ALL ELECTRONIC COPIES ARE REQUESTED TO BE SENT BY E -MAIL DELIVERY.
PLEASE PROVIDE THE APPROXIMATE COSTS (IF ANY) TO FULFILL THIS PUBLIC RECORDS REQUEST IN ADVANCE.
It will be required that the Requester approve of any costs, asserted by the Agency (as denned in Florida Statute, Chapter 119.01
(Definitions)), in advance orany costs imposed to the Requester by the Agency.
"BY FULFILLING THIS RECORDS REQUEST, THE AGENCY ACKNOWLEDGES THAT THE RESPONSIVE DOCUMENTS
ARE "PUBLIC RECORDS" AS DEFINED IN CHAPTER 119, FLORIDA STATUTES".
UP/NP/FLRR
1.12.2015
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
January 15, 2015
Stopdirtygovernment, LLC [mail to: records @commerce- group.com]
Re: GS #1704 (979)
Provide all records that demonstrate that Joel Chandler was (a) former CEO for Citizens
Awareness Foundation; and (b) that he is fully aware of the litigation and public information
requests tactics of Martin O'Boyle and the impropriety ofsame.
Dear Stopdirtygovernment, LLC [mail to: records(a)commerce- group.coml,
The Town of Gulf Stream has received your public records requests dated January 13, 2015. If
your request was received in writing, then the requests can be found at the following link:
http: / /www2.gulf- stream. org( WebLink8 /0 /doc /33785/Pagel.aspx. If your request was verbal,
then the description of your public records request is set forth in the italics above. Please refer to
the referenced number above with any future correspondence.
The Town of Gulf Stream is currently working on a large number of incoming public records
requests. The Town will use its very best efforts to respond to you in a reasonable amount of time
with the appropriate response or an estimated cost to respond.
Sincerely,
Town Clerk
Custodian of the Records
Public Records Advocate Joel Chandler
Quits Job
By Rick Rousos
THE LEDGER
Published: Tuesday, July 1, 2014 at 12:35 p.m.
Last Modified: Wednesday, July 2, 2014 at 12:55 a.m.
LAKELAND I Public records watchdog Joel Chandler has resigned from his $120,000 per -year
job as executive director of a South Florida organization dedicated to open government.
Enlarge
Joel Chandler.
Chandler, 50, who lives in Lakeland, had worked for seven years with little or no pay in fighting
for open government records and meetings. In late January, while still based in Lakeland, he
joined Citizens Awareness Foundation as its chief executive.
The job took him around the state.
"My decision to resign was the result of a series of irreconcilable philosophical and ethical
differences," Chandler said Tuesday.
Chandler said his main concern in suing government agencies has always been to "get them to
fix the problems" in providing public records, not to collect money in a settlement other than for
reasonable lawyers fees and court costs.
He said that hasn't been the case at the Citizens Awareness Foundation.
Chandler said a law firm established by the founder of Citizens Awareness Foundation has been
too concerned about collecting fees and cited a particular case where he said a charitable
organization was charged lawyers fees padded by thousands of dollars.
Marty O'Boyle, the founder of Citizens Awareness Foundation, said he is not on the board of that
organization and not involved in any of its day -to -day operations. His son works at the law firm
O'Boyle established.
O'Boyle said the case involving the charitable organization could have been handled better.
But, he said, the foundation does have a goal of, and has been active with, trying to get
governments to follow the law in providing public records.
Chandler said the decision about which government agencies were to be sued and the details of
settlements were supposed to be his, but weren't. O'Boyle said when you're a partner, that doesn't
mean you get to make all the decisions.
O'Boyle said people at the foundation were "totally shocked" by Chandler's resignation.
"Nobody saw it coming."
Barbara Petersen, president of the Tallahassee -based First Amendment Foundation, said
Chandler will be hard to replace.
"It will be very difficult, if not impossible, to find someone with Joel's drive and enthusiasm for
open government issues, and I'm relieved to know that he intends to continue his role as both
activist and advocate," Petersen said.
Chandler is widely known in Polk County, particularly as a nemesis of the Polk County School
Board.
As a result of a records dispute with Chandler, School Board lawyer Wes Bridges pleaded no
contest in May 2009 to a misdemeanor charge of violating public records law.
That came after a State Attorney's Office investigation concluded he failed to release records to
Chandler in a timely manner.
Polk County Judge John Kirkland fined Bridges $275, and he was also ordered to pay $150 for
investigative costs.
Among a slew of victories, Chandler won a lawsuit for records of a privately operated prison.
His public records research led to a suit against the state Department of Transportation over a
policy that pulled aside drivers who tried to pay Florida Turnpike tolls with a $20 bill or higher
while officials wrote down the make, model and tag number of the car, records that he said
showed racial profiling.
He also used public records to show that a charity that received more than $400,000 in public
funds had spent less than $10,000 on the designated program.
Kelly Avery
From: Robert Sweetapple <rweetapple @sweetapplelaw.com>
Sent: Wednesday, July 02, 2014 8:05 PM
To: Scott Morgan; OConnor, Joanne M.
Subject: Fwd: Joel Chandler has resigned as Executive Director of Citizens Awareness Foundation,
Inc.
Regards,
Robert A. Sweetapple
Begin forwarded message:
From: Pleadings <pleadinas(a,sweetapplelaw.com>
Date: July 2, 2014 at 1:17:50 PM EDT
To: Cynthia Bailey <cbailey @sweetapplelaw.com >, Robert Sweetapple
< rsweetannle (u),sweetannlelaw.com >, Deborah Smith <dsmith( ,sweetapulelaw.com>
Subject: FW: Joel Chandler has resigned as Executive Director of Citizens Awareness
Foundation, Inc.
From: Joel Chandler[ SMTP:JOELCHANDLER @FOGWATCH.ORGI
Sent: Wednesday, July 2, 2014 1:16:41 PM
To: Pleadings
Subject: Joel Chandler has resigned as Executive Director of Citizens Awareness Foundation,
Inc.
Auto forwarded by a Rule
Only a few months ago I announced that I had agreed to serve as the Executive
Director of the newly formed Citizens Awareness Foundation, Inc.
The Foundation "is a non-partisan, not-for-profit organization dedicated to
the proposition that members of the public have a right to know what their
government is doing in their name and at their expense. To that end the
Foundation seeks to empower citizens to exercise their `right to know' by
providing free educational materials and programs, and when appropriate,
taking legal action to enforce the public's right of access to public records and
public meetings."
Given the stated purpose of the Foundation, the promise of significant
resources to accomplish that mission and the freedom that comes with a
regular and very generous paycheck I was eager to take full advantage of the
opportunity.
On June 30, 2014, however, I resigned my position and brought my
relationship with the Foundation to a definitive end.
My decision to resign was the result of a series of irreconcilable philosophical
and ethical differences. I have come to believe that my continued affiliation
with the Foundation in spite of those differences would have eroded my
credibility as a civil rights activist and negatively impacted the public's right to
know.
As an activist, my objective is to strengthen the public's right to know. While
litigation may at times be a means to that end, for me it has never been - and
will never be - the end in itself. Over the past five months it has become
increasing clear that my judgment on this and other issues is at odds with the
Foundation's Board of Directors.
In spite of my reputation for being litigious, I don't love filing open
government lawsuits although I am certainly willing to do so when the facts
are right and the case will serve to improve the public's right to know. What
I'm passionate about is helping regular folks gain access to the records and
meetings they are entitled to.
As much as I have enjoyed being paid $120,000 per year, driving a new car
and having substantial resources at my disposal, I'd rather face financial
uncertainty than to be a part of something that will hurt the cause that I've
already sacrificed so much for.
It should come as no surprise that I'm inclined to challenge authority. Frankly,
that's what makes me good at what I do. No doubt, it also makes me difficult
to manage and to work with.
So here I am, back where I started, but with my integrity intact.
Ironically, I find my new situation extraordinarily liberating. While it will
require thrift, I believe I can be more effective without financial backing if the
cost of that backing is service to an organization whose means and ends will,
in my estimation, hurt the public's right to know.
Moving forward I will be re- launching www.FOGWatch.ore and returning to
my roots as a civil rights activist and an advocate for open government.
The net effect of my decision to leave the Foundation will be greater freedom
to work with citizens, civil rights groups, the media and public agencies on
open government issues. Obviously, I will have to work within my limited
material means, but I will continue to be available to work with folks who need
help gaining access to their records and meetings.
Best regards,
Joel Chandler
www.FOGWatch =
i oelchandler C&foativatch.org
(863) 660 -4244
AFFIDAVIT OF JOEL EDWARD CHANDLER
BEFORE ME, the undersigned authority, personally appeared JOEL CHANDLER, who
after being duly swom, deposes and says that:
I. My name is JOEL CHANDLER,
2. I am over eighteen (IS) years of age.
3. I am a resident of Polk County, Florida.
4. I have personal knowledge of every assertion made in this affidavit.
5. Citizens Awareness Foundation, Inc., (herein "CAFI'), was formed as a Florida
not - for -profit corporation by Martin O'Boyle in concert with his son, Jonathan
O'Boyle.
6. Jonathan O'Boyle is an attorney admitted in Pennsylvania and New Jersey, but not
admitted to practice in Florida.
7. In January 2014,1 was solicited by Martin O'Boyle to lead a not - for - profit corporation
that was, he said, intended to promote open government. That not - for - profit
corporation was created at Martin O'Boyle's direction and became known as the
"Citizens Awareness Foundation, Inc." or "CAFE'
8. During my discussions with Martin O'Boyle, wherein he sought to hire me to serve as
the leader of CAFI, we explicitly agreed that CAFI would have an independent Board
of Directors; that the Board of Directors would be entirely free from the influence of
Martin O'Boyle or the O'Boyle Law Firm; that I would have absolute and sole
discretion regarding the commencement and resolution of open government litigation
on behalf of CAFI, and; subject only to the independent Board of Directors, I would
have the authority to select and retain law firms for the purpose of engaging in open
government litigation.
EXHIBIT
Exhibit 7"
9. During January or February of 2014,1 participated in a telephone conversation with
Martin O'Boyle and Robert "Bob" Tweel, a tax attorney from West Virginia. Martin
O'Boyle and I discussed with Mr. Tweel the absolute necessity that CAFI be a
legitimate not- for - profit entity. This included, but was not limited to, the requirement
that CAFI use a variety of law firms to represent it so as to avoid the appearance of
self - dealing.
10. Martin O'Boyle indicated to Mr. Tweel and to me that he was going to loan all
necessary monies to fund CAFI and, after 501(c)(3) status was acquired, write off as a
charitable donation all of the monies he had loaned to CAFI. After leaving this
meeting I was particularly encouraged that Martin O'Boyle was genuine in his interest
to establish a bona fide not - for -profit entity of which I would serve as the Executive
Director and that CAFI would afford me the opportunity to more effectively continue
my work as a civil rights activist and advocate for open government.
11. Martin O'Boyle appointed Brenda Russell, William Ring and Denise DeMartini to the
CAFI Board.
12. Brenda Russell is Martin O'Boyle's long time secretary. She was never present for
meetings. In fact, no formal meetings of the Board were ever called or held. For a brief
time, Brenda Russell collected my travel and business receipts, all of which were
subject to the approval of Martin O'Boyle.
13. William Ring is Martin O'Boyle's longtime business associate and corporate attorney.
14. Denise DeMartini is the long -time employee of Martin O'Boyle or entities that he
controls.
15. All of my negotiations for employment by CAFI were with Martin O'Boyle. At no
2
time did I engage in any negotiations regarding the details of my employment,
including my compensations, with anyone other than Martin O'Boyle,
16. At Martin O'Boyle's direction I drafted and signed a proposed memorandum of
understanding regarding my employment by CAF[. I have never received a copy of the
proposed memorandum of understanding signed or approved by the board of CAFI.
17. I served as the Executive Director of CAR for approximately five (5) months, through
the end of June 2014.
18.1 resigned because of repeated instances of conduct perpetuated by Martin O'Boyle,
Jonathan O'Boyle, William Ring, Denise DeMartini, and some of the attorneys at the
O'Boyle Law Firm, P.C., Inc., (herein the "O'Boyle Law Firm "), as set forth herein,
which I believe may be criminal, fraudulent and unethical.
19. My relationship with the O'Boyle Law Finn was not limited to my capacity as the
Executive Director of CAFI. As the individual plaintiff in several open government
lawsuits, I had retained the O'Boyle Law Firm as my personal legal counsel.
20. My communications with the attorneys of the O'Boyle Law Firm, including Jonathan
O'Boyle, affected both CAR and me, as an individual client.
21. Martin O'Boyle and Jonathan O'Boyle told me that Martin O'Boyle was funding the
O'Boyle Law Firm.
22. Martin O'Boyle told me that he was also funding CAF[.
23. The Martin O'Boyle business entities, including Commerce Group, Inc., CAFI, and the
O'Boyle Law Firm operated from the same physical location and were controlled by
Martin O'Boyle.
24. Despite assurances that CAR would be independent and not- for - profit, Martin
O'Boyle and the O'Boyle Law Firm used CAM for the sole purpose of generating
attorney's fees for the O'Boyle Law Firm.
25. Throughout my tenure with CAR, I repeatedly demanded that lawsuits not be filed or
settled without my direct authorization.
26. In spite of Martin O'Boyle's initial assurances to the contrary, I was not permitted to
retain legal counsel on behalf of CAR, other than the O'Boyle Law Firm. William
Ring, CAM's President and Martin O'Boyle's proxy, communicated this to me.
27. On numerous occasions, I learned that the O'Boyle Law Firm, on behalf of CAR, had
filed lawsuits, without my knowledge or authorization.
28. The O'Boyle Law Firm routinely settled cases without written fee agreements,
contingency agreements or closing statements. No accountings of the monies received
were provided to me despite my repealed requests for that documentation.
29. Repeatedly, I advised Martin O'Boyle, William Ring and Jonathan O'Boyle that my
other personal attorneys had advised it was a serious Bar violation to disburse
settlement funds without client approval or closing statements,
30. Despite my protests, the O'Boyle Law Firm continued to rile and settle lawsuits on
behalf of CAR and to collect and keep settlement payments. At no time was I ever
presented with any form of accounting for legal fees or the disbursement of settlement
payments.
3l. During the O'Boyle Law Firm's representation of CAR and me, I was personally
present, or present by telephone, at numerous O'Boyle Law Firm meetings. Denise
DeMartini, Martin O'Boyle's executive assistant and Director of CAR, conducted
these aw firm meetings. During these meetings, and in my presence, many pending
cases were discussed. These discussions included the details of cases to which neither
CAR nor I were parties. Denise DeMartini is not a member of the Florida Bar.
32. It became commonplace for Martin O'Boyle to express his opinions and to offer his
advice with respect to litigation strategies and on the conduct of CAR lawsuits as well
as the cases of other firm clients. Jonathan O'Boyle actively participated in these
discussions and, in my presence, directed the work of O'Boyle Law Firm attorneys and
made litigation decisions.
33. During the course of my employment I learned that Martin O'Boyle directed his
secretary to file in excess of 100 public records requests to the Town of Gulf Stream,
under the pretense that these were being filed on behalf of CAFI. He also ordered that
lawsuits be filed by CAR against the Town of Gulf Stream. This was done without my
authority and litigation was filed over my objection.
34. When I complained about the fact that Martin and Jonathan O'Boyle were not
honoring the commitment that I would have sole authority to make public records
requests and conduct litigation, I was told by William Ring that this was "the way Big
Daddy wants it ", i.e., Martin O'Boyle. Otherwise, "Big Daddy will turn-off the spigot
of money ".
35. Jonathan O'Boyle advised me that he was not a member of the Florida Bar but would
be become a member within days. During the five months that I worked with CAFI,
Jonathan O'Boyle worked full -time at the O'Boyle Law Firm providing legal advice,
directing the administration of cases, and assuming responsibility for cases.
36. The O'Boyle Law Firm and Jonathan O'Boyle prosecuted and filed some cases
without my permission and settled some cases without my knowledge or consent.
5
37. No retainer agreements were ever entered into with me on behalf of CAFI. No
contingency agreements were entered into with me on behalf of CAFI. No closing
statements were ever presented to me and it appears that all monies that were solicited
from defendants were paid directly to the O'Boyle Law Firm.
38. Martin O'Boyle, through his entities, funded all of the filing fees and expenses of
CAFI as well as the expenses of the O'Boyle Law Firm. CAF! has now filed scores, if
not hundreds, of cases against state and local agencies throughout Florida as well as
various state contractors.
39. The employees of all of Martin O'Boyle's entities, including The Commerce Group,
Inc., CAFI and the O'Boyle Law Firm were shared. Denise DeMartini and William
Ring worked for Martin O'Boyle, CAFI and the O'Boyle Law Firm.
40. Although Martin O'Boyle named Denise DeMartini a director of CAFI, she also
directed the operations of the O'Boyle Law Firm and conducted law firm meetings.
41. Denise DeMartini repeatedly stated that CAFI was required to file at least one hundred
lawsuits a month; that all lawsuits had to be directed to the O'Boyle Law Firm for
prosecution, and; that as my direct supervisor, she would evaluate my performance
based upon my ability to deliver a minimum of twenty-five case per week to the
O'Boyle Law Firm.
42. Through William Ring, Martin O'Boyle insisted that the O'Boyle Law Firm handle all
litigation.
43. Martin O'Boyle told me he had unlimited money to pay filing fees for CAFI cases and
I was to file as many cases as possible.
44. When 1 asked Martin O'Boyle to quantify how many cases he was willing to finance
he said it was virtually unlimited. When 1 again tried to clarify by asking him if he was
willing to finance three thousand (3,000) cases in a single year, he said "sure."
45. When I learned it was the policy and practice of the O'Boyle Law Firm to demand
settlement of cases against government entities and state contractors for attorney's fees
in excess of the fees actually earned I was livid. In fact, I confronted William Ring,
Denise DeMartini and Jonathan O'Boyle in May of 2014 and stated in unequivocal
terms that I would resign if it didn't stop.
46. In one telephone conversation with Jonathan O'Boyle I warned him at least six times
that I was going to resign and that I objected to Denise DeMartini's demands that I
produce 100 cases per month, her control of the O'Boyle Law Firm and the windfall
scheme of collecting more monies in attorney's fees from defendants, than had
actually been earned.
47. Despite these complaints, William Ring, Denise DeMartini and Jonathan O'Boyle told
members of the firm that I had authorized the windfall scheme. When I learned of this
I confronted those involved. Nick Taylor, Esquire confirmed that despite my objection,
the windfall scheme would continue as firm policy. Shortly thereafter, I announced my
resignation.
48. Ryan Witmer and Giovanni Mesa announced they were also going to resign.
49, William Ring announced he was going to become a member of the O'Boyle Law Firm
at about that time.
50. After I resigned, Martin O'Boyle contacted me by telephone and demanded that I
withdraw an email I had sent to Nick Taylor regarding Jonathan O'Boyle's unlicensed
practice of law and Jonathan O'Boyle's authorship of the windfall scheme. During that
call, which was my last conversation with Martin O'Boyle, he repeatedly threatened to
bring great "unpleasantness" to my life if I failed to renounce my email to Nick Taylor.
51. Thereafter, Martin O'Boyle repeatedly attempted to contact me by telephone and email
seeking my assistance to facilitate CAM in filing additional lawsuits.
52. After resigning from CAFI I sent an email to numerous newspaper and television news
reporters announcing my resignation. I copied that announcement to dozens of
individuals, including Robert Sweetapple, Esquire, to notify them of my disassociation
and disapproval of the O'Boyles and their activities.
53. Within a few days of my resignation from CAFI, I granted an interview with a reporter
from the Lakeland Ledger and provided many of the details contained within this
affidavit.
54. Prior to emailing Robert Sweetapple, I had never met him, spoken to him, nor had he
or any members of his firm contacted me.
55. Prior to my emailing the law firm of Jones Foster, I had never had any contact with
Joanne O'Connor, Esquire, or any member of that law firm.
56. My subsequent contact with Robert Sweetapple and Joanne O'Conner was entirely the
result of own initiative.
57. I sent my email to Robert Sweetapple because I knew he represented the Town of Gulf
Stream, which I believed was being victimized by Martin O'Boyle and the O'Boyle
Law Finn and I was concerned that the conduct of Martin O'Boyle and the O'Boyle
Law Firm might be illegal and fraudulent.
58. I believed that I had a duty to make all victims, including the Town of Gulf Stream,
aware of what I learned during my association with Martin and Jonathan O'Boyle. For
example, Martin O'Boyle's orchestration of more than one hundred public records
requests being served upon the Town of Gulf Stream, allegedly under the name of
CAFI, but without my authorization; Martin O'Boyle's direction that lawsuits be filed
by the O'Boyle Law Firm in the name of CAFI against the Town of Gulf Stream but
without my authorization, and; in spite of my objections, Martin O'Boyle's use of
CAFI as a weapon in his personal vendetta against the Town.
59. Prior to contacting Robert Sweetapple to make him aware of my concerns regarding
Martin and Jonathan O'Boyle's conduct, I met with numerous private attorneys. As a
result of those meetings I concluded that I had a duty to disassociate myself from the
O'Boyles and to make full disclosure of any illegal and fraudulent activities. I have
also contacted numerous other victims and their attorneys to advise them of the
conduct of the O'Boyles and to provide them with evidence of such conduct.
60. Before speaking with Robert Sweetapple on the phone I spoke with Joanne O'Connor
by telephone and made her aware of the misconduct.
61. 1 then provided to Robert Sweetapple evidence of what I believe may be fraudulent
and criminal conduct as well as a detailed chronology of events.
62. Thereafter, I spoke with Robert Sweetapple and gave him permission to meet with me
and to take a voluntary sworn video statement concerning my involvement with Martin
O'Boyle, Jonathan O'Boyle, CAFI and the O'Boyle Law Finn.
63. At all times Robert Sweetapple made me aware of the application of the lawyer - client
privilege, both as it pertained to CAFI and to me personally. I determined, based upon
independent legal advice, that I was fully permitted and had a duty to disclose what I
believe to be the criminal and fraudulent conduct of Martin O'Boyle, Jonathan
O'Boyle, CAM and the O'Boyle Law Firm. I also voluntarily waived privileged
matters that arose from the joint representation by the O'Boyle Law Firm.
64. In spite of the many contrary assurances made by Martin O'Boyle to me, including the
exercise of my independent judgment and meaningful economic resources to be used
to promote the public's right to access government records and meeting, in reality
CAFI's sole purpose is to serve as an exclusive in -house mechanism whereby the
O'Boyle Law Firm can generate legal fees by filing hundreds of open government
lawsuits.
65. The egregiousness of the scheme was exacerbated by the O'Boyle Law Firm's policy
of demanding excessive and unearned legal fees from defendants as a condition of
settlement.
66. Simply put, CAFI is a profit- generating scheme funded by Martin O'Boyle to produce
fees for his son's legal practice.
67. Allegations that Joanne O'Conner, Robert Sweetapple or their firms purposely
solicited and obtained confidential information from me is false. The allegation that
this was done to gain an unfair advantage in litigation is further false.
68. The information that I provided to Robert Sweetapple and Joanne O'Connor was not
intended to provide an unfair advantage to the Town of Gulf Stream, but to make the
Town and all other victims aware of what I believe to be the fraudulent, criminal and
professionally unethical conduct of Martin O'Boyle, Jonathan O'Boyle, CAM and the
O'Boyle Law Firm.
69. Robert Sweetapple and Joanne O'Connor did not solicit privileged information from
me. I voluntarily contacted them and made my own determination, after meetings with
10
independent counsel, as to what information and documents to provide to victims.
70. My sole motivation for contacting the media, victims and their attorneys, proving
evidence, inviting the taking of my sworn statements and authoring this affidavit is to
protect the essential civil right of all Floridians to know what their government is
doing in their name and at their expense. It is my considered opinion that the
unconscionable conduct of Martin O'Boyle, Jonathan O'Boyle, CAM and the O'Boyle
Law Firm serves as an example of the abuse of our legal system and will be used by
opponents of open government as an excuse to limit the public's right to know.
FURTHER AFFIANT SAYETH NAUGH .
JO ANDLER
S WORN TO AND SUBSCRIBED before me this% day of October, 2014.
w• "fir•. AMBER CCLSON KELLY
�' �� Notary Public • Slate of Florida
.�' My Comm. Expires May 31.2615
:llt''' Commission M EE 166969
Personally known
Produced Identification nn11
Identification produced: E IVY.
11
.. d44q,�-,--
NOTARY PUBLIC
Printed Name of Notary
My Commissions Expires:
From: Joel Chandler rmallto•joelchandle[@foowatch.oral
Sent: Friday, July 18, 2014 7:59 PM
To: pleadinasPsweetaPplelaw.com; OConnor, Joanne M.
Subject: CAR Timellne
Sorry for the delay in getting this to you. There are several ways to view the CAR Timeline.
First, you can view the static version as a PDF attached below. Obviously, you'll need to zoom in.
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
September 4, 2015
Stopdirtygovernment, LLC [mail to: records@commerce-group.com]
Re: GS #1704 (979)
Provide all records that demonstrate that Joel Chandler was (a) former CEO for Citizens
Awareness Foundation; and (b) that he is fully aware of the litigation and public information
requests tactics of Martin O'Boyle and the impropriety ofsame.
Dear Stopdirtygovemment, LLC [mail to: records@commerce-group.coml,
The Town of Gulf Stream received your public records requests on January 13, 2015. You
should be able to view your original requests at the following link http://www2.gulf-
stream.org/weblink/0/doc/33785/Pagel.asi)x. If your request was verbal, then the description of
your public records request is set forth in the italics above. In future correspondence, please refer
to this public records request by the above referenced numbers.
As you are aware, on July 23, 2014, counsel for the Town of Gulf Stream, Bob Sweetapple, Esq.
took a sworn statement of Joel Chandler, former Executive Director of the Citizens' Awareness
Foundation, Inc. ("CAFI"). Mr. Chandler also sent to counsel for the Town a timeline prepared
by him. The statement and timeline would be responsive to your request; however, claims of
attorney-client privilege has been asserted as to the statement by Citizens Awareness Foundation,
Inc., another entity controlled by your principal, Martin O'Boyle. See Citizens Awareness
Foundation, Inc. v. Sweetapple, Broeker & Parkas, P.L, Case No. 502014CA011941XXXXMB
AA (15`h Judicial Circuit in and for Palm Beach County, Florida); O'Boyle v. Gulf Stream, Case
No. 502014CA004474XXXXMB AA (151h Judicial Circuit in and for Palm Beach County,
Florida) (see 12/1/14 motion for order to show cause filed by CAFI); O'Hare v. Gulf Stream,
Case No. 2014-CA-008327XXXXMBAF (15`h Judicial Circuit in and for Palm Beach County,
Florida) (see 1030/14 motion to disqualify). Absent a withdrawal of those claims, the statement
cannot be produced to third parties although the Town notes that it has previously been produced
to Mr. O'Boyle care of Nicklaus Taylor, Esq., Mitchell Berger, Esq. and his associates, and
Daniel DeSouza, Esq.
Responsive public records in the Town's possession that can be produced can be found at the
following link: http://www2.gulf-stream.org/weblink/O/doc/33785/Pagel.aspxx.
There are additional records received from, sent to or created by Joel Chandler in the possession
of the Town's outside counsel, Robert Sweetapple, Esq. Even assuming that those records and
any communications between Mr. Sweetapple and Mr. Chandler that have not been shared with
the Town are public records as defined in Chapter 119, Florida Statutes, which the Town does
not concede, the O'Boyle Law Firm claims in pending litigation that documents Mr. Chandler
has provided to Mr. Sweetapple are confidential and privileged information of CAFI. See
Citizens Awareness Foundation, Inc. v. Sweetapple, Broeker & Parkas, P.L, Case No.
502014CA011941XXXXMB AA and O'Hare v. Gulf Stream, Case No. 2014-CA-
008327XXXXMB AF. The Town further asserts that any communications from Mr. Sweetapple
to Mr. Chandler are exempt per Fla. Stat. 119.071(1)(d)1 as reflecting Mr. Sweetapple's mental
impressions, conclusions, litigation strategies or legal theories and were prepared exclusively for
civil litigation involving the Town adverse to Mr. O'Boyle, his employees (Denise DeMartini,
William Ring), his affiliated entities (including, but not limited to, CAR, Stopdirtygovemment,
LLC, Commerce Group, Inc., CG Acquisition Co., Inc., Asset Enhancement, Inc.), and attorneys
at the O'Boyle Law Finn (Jonathan O'Boyle, Ryan Witmer, Giovani Mesa, Nickalaus Taylor)
and Christopher O'Hare.
To search the Town's files and Mr. Sweetapple's files for additional responsive documents,
assess whether they constitute public records and determine if any exemption applies will require
significant time and expense. The Town estimates 1 hour of administrative support at $36.39 per
hour, 2 hours of paralegal support at $125.00 per hour, and 1 hour of attorney support at $235.00
per hour, the labor cost of the personnel providing the service, per Fla. Stat. § 119.07(4)(d).
(1 hours @ 36.39 = 36.39) - (.25 hour @ 36.39= 9.10) + (2 hours @ 125.00 = 250.00) + (1
hour @ 235.00 = 235.00) = Deposit Due: $512.29 in cash or check.
Upon receipt of your deposit, the Town will use its very best efforts to further respond to your
public records request in a reasonable amount of time.
Sincerely, Town Clerk