HomeMy Public PortalAboutRita Taylor Transcript 9/30/141
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RITA TAYLOR September 30, 2014
O'BOYLE vs. TOWN OF GULFSTREAM 1
IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT IN
AND FOR PALM BEACH COUNTY,
FLORIDA
CASE NO. 2014 -CA -005189 AE
MARTIN E. O'BOYLE,
Plaintiff,
VS.
THE TOWN OF GULFSTREAM,
Defendant.
DEPOSITION OF RITA TAYLOR
Tuesday, September 30, 2014
10:30 a.m. to 11:40 a.m.
100 Sea Road
Gulfstream, Florida
Reported By:
DEBORAH LAWRENCE, Court Reporter
Notary Public, State of Florida
Esquire Deposition Solutions
Job # 207862
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RITA TAYLOR September 30, 2014
O'BOYLE vs. TOWN OF GULFSTREAM 2
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RITA TAYLOR September 30, 2014
O'BOYLE vs. TOWN OF GULFSTREAM 3
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RITA TAYLOR
O'BOYLE vs. TOWN OF GULFSTREAM
September 30, 2014
4
PROCEEDINGS
Deposition taken before DEBORAH LAWRENCE, Court
Reporter and Notary Public in and for the State of Florida
at Large, in the above cause.
Thereupon,
(RITA TAYLOR)
having been duly sworn or affirmed, was examined and
testified as follows:
DIRECT EXAMINATION
BY MS. CAIN:
Q. Please state your name for the record?
A. Rita L. Taylor.
Q. Ms. Taylor, where are you employed?
A. I am the town clerk for the Town of Gulfstream.
Q. How long have you been a clerk here in the Town of
Gulfstream?
A. Since 1990.
Q. Now, have you ever had your deposition taken
before?
A. I have.
Q. How many times would you say you had your
deposition taken?
A. Three or four probably.
Q. You're familiar with the basics of what's going to
go on here?
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RITA TAYLOR September 30, 2014
O'BOYLE vs. TOWN OF GULFSTREAM 5
1
A.
Sort of.
2
Q.
You have been working here at Gulfstream since
3
1990.
Have you always worked as town clerk?
4
A.
Yes.
5
Q.
Let's go prior to your employment at town clerk.
6
What did
you do before working here?
7
A.
I was town clerk.
8
Q.
Where were you the town clerk?
9
A.
Ocean Ridge.
10
Q.
So right down the street?
11
A.
Right.
12
Q.
How long were you town clerk in Ocean Ridge?
13
A.
19 years.
14
Q.
The past 29 years you served as town clerk in two
15
neighboring
communities?
16
A.
Longer than that. 40.
17
Q.
Where were you prior to that?
18
A.
I was in Indiana.
19
Q.
Did you work as town clerk there also?
20
A.
No, I did not. I worked for a trucking company.
21
Q.
In what capacity did you work for the trucking
22
company
there?
23
A.
Almost anything except driving trucks or moving
24
the freight.
25
Q.
Let's now ask you a little bit about your
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RITA TAYLOR September 30, 2014
O'BOYLE vs. TOWN OF GULFSTREAM 6
education. Did you go to college?
A. I did not.
job?
Q. So you worked -- was the truck company your first
A. No, I was working several years in a bank.
Q. So you have a lot of office experience with that?
A. Yes.
Q. How long have you been in Florida in total?
A. Since 1967.
Q. Have you always lived down in Palm Beach County?
A. Yes.
Q. Have you ever been a party in a case before
whether it be plaintiff or a defendant? Have you ever sued
anyone or had to sue anyone?
A. No.
Q. You have never had any criminal -- have you ever
had any criminal case brought against you?
A. No.
Q. How did you come upon getting the job as town
clerk here at Gulfstream?
A. Well, with the towns being close together we were
all acquainted. Gulfstream was without a clerk and had been
for a couple months and the then town manager, I was
communicating with him over a number of years. He
approached me and asked me to come to work for Gulfstream.
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RITA TAYLOR
O'BOYLE vs. TOWN OF GULFSTREAM
1 I That's what I did.
September 30, 2014
7
2
Q.
He asked you to come in directly as town clerk?
3
A.
Yes.
9
Q.
Who was the town manager back then?
5
A.
Frank Flannery.
6
Q.
Is he employed in any capacity in the town
7
anymore?
8
A.
No.
9
Q.
You said you had your deposition taken before.
10
Did you
prepare for this deposition here today?
11
A.
Just not really. How do you know to prepare?
12
Q.
Did you have to sit down and meet with anyone
13
regarding
the deposition today.
19
A.
Just met with our attorney just prior.
15
Q.
Just prior to it?
16
A.
Yeah.
17
Q.
How much time would you say met with Ms. O'Connor
18
prior to
this deposition?
19
A.
Half an hour.
20
Q.
That was today or yesterday?
21
A.
Today.
22
Q.
Did you talk with anyone who is in the capacity of
23
Mr. Thrasher
or any of the commissioners regarding the
29
deposition
today?
25
A.
None of the commissioners. Naturally Mr. Thrasher
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RITA TAYLOR
O'BOYLE vs. TOWN OF GULFSTREAM
September 30, 2014
8
and I have spoken. We speak every day.
Q. What did you guys talk about when you talked about
the deposition?
A. Just public records.
Q. When you say just public records any public
records in particular?
A. No, in general.
Q. When you say you spoke did you speak about the
policies of the public records did you speak about?
A. Yep.
Q. Can you go into more detail as to what you talked
about?
A. The preparation of the policy.
Q. When was this conversation?
A. This morning.
Q. Let's move on to your position as town clerk. Can
you tell me what are your basic everyday duties as town
clerk?
A. Well, the town clerk is keeper of the records or
that is what they used to call us. Preparing agendas,
taking minutes, waiting on customers, answering the
telephone. Just about any type of office work that comes
through the town hall.
Q. 5o you say waiting on customers. What do you mean
by that? Can you explain that a little bit to me?
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RITA TAYLOR
O'BOYLE vs. TOWN OF GULFSTREAM
September 30, 2014
9
1 A. Well, we sell occupational licenses, we process
2 zoning permits. A lot of people have questions. We try to
3 help prepare applicants for various meetings.
4 Q. When you say you help out with the license or the
5 zoning do you make that decision or is it a group effort in
6 which it is decided as to whether they are approved or not
7 the licenses are approved?
8 A. If they have the proper documents there's no
9 decision to be made. We don't license them without having
10 the proper documents.
11 Q. As long as someone provides you with the proper
12 documents you just go ahead and you personally --
13 A. -- no, no, no. There are two ladies that work
14 with me. Basically fill in.
15 Q. You said you have two ladies who work with you.
16 Who are they?
17 A. Kelly Avery and Rebecca Tew.
18 Q. How long have they been working for you?
19 A. Kelly has been here three or four years. Rebecca
20 has been here maybe a year. Maybe not quite.
21 Q. With regard to Rebecca and Kelly what are their
22 positions called? What could you call their positions here?
23 A. Kelly is deputy clerk. Rebecca is administrative
24 assistant.
25 Q. Ms. Avery, has she always worked in the capacity
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RITA TAYLOR
O'BOYLE vs. TOWN OF GULFSTREAM
September 30, 2014
10
as deputy clerk?
A. As long as she has been in here, yes.
Q. Always worked as deputy clerk. Is it the same
case with Ms. Tew?
A. Yes.
Q. With regard to their duties you delegate some of
your duties to them. What type of duties do you normally
have them do on a daily basis?
A. Rebecca handles the intake work for the zoning
permits. She basically handles the contractors licensing,
waits on customers if they have some questions. Answers the
phone.
Q. What about Ms. Avery?
A. She helps me whenever mine spills over. She is
the public records coordinator or the records coordinator.
I forgot to tell you. Rebecca, she is handling the
accounting. Before that Kelly handled the accounting so
Kelly still helps out to the accounting.
Q. Do you know if Rebecca has a degree in accounting
or anything of that nature?
A. I am not aware whether she has a degree or not but
she has done that work.
Q. Same with Kelly, do you know what regard to Kelly
A. -- I don't know if she has a degree. She has done
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RITA TAYLOR
O'BOYLE vs. TOWN OF GULFSTREAM
1 1 that work for quite a long time I understand.
September 30, 2014
11
2
Q.
You said Kelly was the public records coordinator.
3
Could you
explain to me what that job entails?
4
A.
She answers the requests that come in. Makes it a
5
record in
our records.
6
Q.
Do you ever have them answering any requests or
7
public records
requests?
8
A.
Sometimes. I basically help with collecting the
9
information.
10
Q.
When you say collect the information is it
11
whatever
the person asks for?
12
A.
Finding it, analyzing it.
13
Q.
Out of the majority of the public records requests
14
that come
in who would you say -- who would you say handles
15
the majority
of the public requests that come in?
16
MS. O'CONNOR: Objection. You can answer. The
17
time
period is a little tricky. Are you talking now?
18
MS. CAIN: Rephrase it.
19
BY MS. CAIN:
20
Q.
Within the past year or so who handles the
21
majority
of the public records requests?
22
A.
Well, when you say majority we all have different
23
-- handle
different aspects of the same request many times.
24 With Kelly being the coordinator she probably has more
25 hands-on than any of us.
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RITA TAYLOR
O'BOYLE vs. TOWN OF GULFSTREAM
September 30, 2014
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Q. When you say you all handle can you explain some
of the aspects you all review? Can you explain that to me
exactly what you meant by that?
A. Well, everything out of the material that is being
requested can span over several departments or several
areas. Whichever one of us is the closest with that area we
try to handle that.
Q. It is kind of an --
A. -- cooperative operation.
Q. Effort. Now, you're allowed based on your job
description or requirement, you're allowed to delegate these
duties?
A. Yes.
Q. To other people. Who is your direct supervisor?
A. Mr. Thrasher, the town manager.
Q. You report basically -- do you report to him?
A. Yes.
Q. Any issues, everything regarding your position?
A. Right.
Q. How many people would you say work in your office
within your area?
A. Well, the two girls I mentioned. Then we have a
full-time temp.
Q. What's that person's name?
A. Carol, I don't remember her last name. Sorry.
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RITA TAYLOR
O'BOYLE vs. TOWN OF GULFSTREAM
September 30, 2014
13
1
Q.
It's okay. Anyone else?
2
A.
Sometimes we have a part-time temp come
in and
3
help with the meetings as far as taking minutes
but not
4
full-time.
5
Q.
Do you know his or her name?
6
A.
We have different ones.
7
Q.
Different?
8
A.
Yeah.
9
Q.
Do you use an agency to get a temp?
10
A.
Yes.
11
Q.
What agency do you use?
12
A.
Apple.
13
Q.
You say Carol is full-time. What does
she do
14
within
the office?
15
A.
She handles public records.
16
Q.
What are her hours like? Is she Monday
through
17
Friday,
9 to five?
18
A.
9 to four. We don't break for lunch.
19
Q.
Have you ever acted as code enforcement
officer or
20
temporary
town manager?
21
A.
Yes.
22
Q.
How many times would you say you have done
that?
23
A.
I wouldn't even hazard a guess.
24
Q.
Would that be a lot?
25
A.
When the town manager has to be away at
meetings
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RITA TAYLOR
O'BOYLE vs. TOWN OF GULFSTREAM
September 30, 2014
14
or something then I fill in for his spot. When he is on
vacation.
Q. Fill in?
A. In Ocean Ridge we had a turnover of town managers.
My tenure at that office was quite long sometimes.
Q. You had acted as town manager quite often?
A. Yeah.
Q. You're pretty experienced at it?
A. I don't think you ever get experienced being town
manager.
Q. Do you ever sign documents on behalf of the town
manager when you're acting in that capacity?
A. Yes, I do.
Q. We are going to switch gears for a minute. Let's
talk about the copy machine in your office. Do you know
what type of copy machine you have?
A. Xerox.
Q. Is that the only copy machine?
A. Yes.
Q. During the everyday course of your job do you make
copies?
A. We all make copies.
Q. Everyone does. What would you say you're mostly
making copies of on a daily basis?
A. Well, recently public records.
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RITA TAYLOR
O'BOYLE vs. TOWN OF GULFSTREAM
September 30, 2014
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1
Q.
When you say recently public records within what
2
time period
would you say that has been?
3
A.
Last year and a half.
4
Q.
Have you made copies using the copier this year
5
for anything
else?
6
A.
Yes, it is the general office machine.
7
Q.
So you print off of it?
S
A.
Print, fax. It does everything.
9
Q.
That is the only one you have in the office?
10
A.
Yes, it is.
11
Q.
You just said within the past year and a half you
12
had an
increase in public records. Is that due to anyone in
13
general
or any people in general?
14
A.
Certainly.
15
Q.
Would that be mainly Mr. O'Boyle and Mr. O'Hare?
16
A.
Yes, ma'am.
17
Q.
Have you met both of them?
18
A.
Absolutely.
19
Q.
How many times would you say you met Mr. O'Boyle?
20
A.
At least weekly and more.
21
Q.
When you say at least weekly is it because he
22
comes in
here?
23
A.
Yes, I don't go out.
24
Q.
Would you say he comes into the office at least
25 1 once a week?
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RITA TAYLOR
O'BOYLE vs. TOWN OF GULFSTREAM
September 30, 2014
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A. Average I would say.
Q. What does he do when he comes here? Is he making
public records requests?
A. Sometimes that. Sometimes he is coming to
meetings if there's a meeting going on in here.
Q. What about? Hearings?
A. Sometimes.
Q. About once a week?
A. Maybe not quite as often. Maybe every couple of
weeks.
Q. When he comes in what's he --
A. -- same thing.
Q. He is attending town meetings?
A. Yes, or architectural meetings. Whatever meeting
is going on.
Q. Is he making record requests also?
A. Seldom does it verbally but we get a lot of them
through the e-mail.
Q. You said Mr. O'Boyle will make public records
requests. How often would he make public records requests
verbally?
A. Almost every time he comes in.
Q. Does he also make them electronically ever?
A. Yes, ma'am.
Q. These public records requests, within the past
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RITA TAYLOR
O'BOYLE vs. TOWN OF GULFSTREAM
September 30, 2014
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1 I year how many would you say if you could answer have you
2 received from Mr. O'Boyle?
3
A.
I couldn't say how many have come from each
4
individual. All together we have had well over 1,500.
5
Q.
1,500 different requests?
6
A.
Yes.
7
Q.
That's the total between O'Boyle and O'Hare and
8
whoever
may have asked for them?
9
A.
We have very few of those.
10
Q.
There are very few other people besides O'Boyle
11
and O'Hare who come in asking for things?
12
A.
Sometimes they come in other names but they are
13
through
their companies.
14
Q.
Tell me what do you know about Mr. O'Boyle?
15
A.
He is a resident of our town.
16
Q.
Did you have any -- prior to all of this public
17
records
hoopla did you have many interaction with Mr.
18
O'Boyle
prior to that?
19
A.
No.
20
Q.
So this is relatively recent; right?
21
A.
Right.
22
Q.
Have you heard any negative comments regarding Mr.
23
O'Boyle
and your office?
24
A.
Well, would you expect that if you got 1,500
25 1 requests in a year?
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RITA TAYLOR
O'BOYLE vs. TOWN OF GULFSTREAM
September 30, 2014
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Q. Okay. Give me an example of what's been said
about Mr. O'Boyle?
A. Well, let's see. What does he want this time, is
he going to show up or is he not and is he going to run for
commissioner in the election. I hope he doesn't win.
Q. These elections, when are they? Approximately
when was this?
A. The election was in March. End of February.
Q. Did he actually run?
A. He did.
Q. He ran for, was it mayor?
A. They don't run for mayor. They run for the
commission. Then the commission decides who the mayor is
going to be.
Q. Would you say Mr. O'Boyle has a negative
reputation within the town?
A. I believe so.
Q. What about Mr. O'Hare?
A. Same.
Q. Same thing. Has Mr. Scott Morgan said anything in
particular about Mr. O'Boyle?
A. Not to me.
Q. When you get a request from Mr. O'Boyle do you
report that to anyone in particular?
A. It's in our system.
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O'BOYLE vs. TOWN OF GULFSTREAM
September 30, 2014
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1
Q.
So you enter it into a system. You are not
2
required
to go to anyone else and say Mr. O'Boyle made
3
another
request?
9
A.
No.
5
Q.
With all these public records requests coming in
6
do you have
to seek advice?
7
A.
Certainly.
8
Q.
Who do you seek advice from?
9
A.
Most generally from the attorneys office. The
10
town attorneys
office.
11
Q.
The town's attorneys are Jones and Foster?
12
A.
Right.
13
Q.
How often would you say you have to consult with
19
them regarding
public records requests?
15
A.
Well, I don't always know because the other girls
16
are free
to seek it too and I don't always know. I would
17
say maybe 30 percent of the time.
18
Q.
They help you abide with code?
19
A.
If we have a question, you know, especially about
20
redacting and that sort of thing.
21
Q.
You said within the last year and a half the town
22
have been getting an increase in public records requests.
23
How many
of those would you say are requested in electronic
29
form?
25
A.
All of them. The biggest majority of them are in
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RITA TAYLOR
O'BOYLE vs. TOWN OF GULFSTREAM
September 30, 2014
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the beginning Mr. O'Boyle faxed quite a few. But he doesn't
do that much lately. Few maybe.
Q. How does he request to receive those? Does he ask
to receive them CD, e-mail?
A. Usually says electronically.
Q. The majority of his -- would you say the majority
of Mr. O'Boyle's requests are going to be received
electronically?
A. Yes.
Q. How often does he request something in paper form?
A. I guess whenever we can't furnish it
electronically.
Q. How often do you think that happens?
A. Not very often. Maybe 10 percent.
Q. Other than Mr. O'Hare and Mr. O'Boyle how many
public records requests would you say you receive a year?
A. Three or four.
Q. Are those extensive numbers or is it --
A. -- normally not.
Q. Do you know what format those few requests are
normally requested in?
A. Those are normally -- well, some of them and when
I say some I would say about half of what we get we get
electronically. The other probably personal visits with a
verbal request.
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RITA TAYLOR
O'BOYLE vs. TOWN OF GULFSTREAM
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Q. If they come in with a personal visit do you
normally provide that to them in paper form?
A. Yes.
Q. How many pages? How many pages within the past
year and a half would you say you printed out on the copier
for public records?
A. I couldn't even hazard a guess.
Q. Would you say it is probably a lot or would you
say the majority are electronic?
A. Well, I would say the majority are electronic.
Q. The machine you use is from Xerox?
A. Yes.
Q. You did tell me that was the only copy machine you
have in the office?
A. That's right.
Q. Do you use it for printing?
A. Yes.
Q. Do you have any other printers you normally use
or --
A. -- there is one small printer in the office that
is in the town manager's office.
Q. You would say the majority of printing is done on
the Xerox machine. Everyone can use it?
A. Yes.
Q. With everyone, all the commissioners?
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RITA TAYLOR September 30, 2014
O'BOYLE vs. TOWN OF GULFSTREAM 22
A. No, just the staff uses it.
Q. Have you ever read the lease agreement with Xerox?
A. Yes.
Q. Who is responsible for procuring the lease with
Xerox?
A. Well, basically all of the staff meets together
when it is time to decide on a machine. We all come to an
agreement. It is bought or it is leased on State bid.
Q. When you guys decided on the Xerox in your group
opinion Xerox was the best deal you guys came upon or the
most reliable?
What was your deciding factor on choosing this
machine, if you remember?
A. The fact that it seemed to meet our needs better
than anything else. We are limited on the amount of space
we have got. We needed something that would be an all in
one cause we don't have room for more than one machine in
our office. It did everything that we thought we needed.
It was on State bid.
Q. Let's talk about the materials you need for the
copier. I guess normally you just need paper for it?
A. Yes.
Q. How do you decide where you're going to get your
paper from?
A. Wherever is the cheapest.
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September 30, 2014
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1
Q.
Do you just shop around or happen to go
out? How
2
do you
figure out what's the cheapest paper?
3
A.
I look everywhere.
4
Q.
What are the places you normally look?
5
A.
Sam's and Office Depot. We got some now
from
6
Columbia.
7
Q.
Is that online?
8
A.
Well, I guess they are. That is how.
9
Q.
Online service?
10
A.
Yeah. That was just a recent thing. We
buy paper
11
at different places because of the different size
paper.
12
Some places
don't carry oversized.
13
Q.
Do you know what size you normally have
to
14
purchase?
15
A.
8 1/2 x 11, 8 1/2 x 14 and 11 x 17.
16
Q.
When you purchase paper is 8 1/2 x 11 --
17
A.
-- we use the most of.
18
Q.
Do you normally by that by a ream or box
of it?
19
How do
you purchase your paper, the 8 1/2 x 11?
20
A.
Usually by the case.
21
Q.
Do you know where you normally get that
from?
22
A.
Biggest is Sam's. Like I said, we have
been
23
buying
some now from Columbia.
24
Q.
That's recently?
25
A.
Yes.
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September 30, 2014
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Q. Have you ever heard the term actual cost of
duplication?
A. I have.
Q. What does that mean to you?
A. That means actually what it takes to make a copy.
Q. What it takes to make a copy. Does it include
anything else?
A. Just supplies and the machine to do it with.
Q. How would you define supplies?
A. The various sizes of paper. The ink and materials
and maintenance of the equipment. The rental of the
equipment.
Q. You have your paper. You have the equipment. Is
there anything else that you need? What would you define
materials as?
A. Well, ink, the components that make the machine
run which is all included.
Q. With regards to the machine do you have to get it
serviced a lot? Is there a regular service that comes in
with regard to the Xerox?
A. Only if we have a problem we call them and they
come and they fix it.
Q. Do they charge you for those visits?
A. No.
Q. Do you include any overhead costs in whenever you
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1 1 total your actual cost of duplications?
2
A.
No.
3
Q.
These definitions, you came up with them on your
4
own?
5
MS. O'CONNOR: Objection.
6
BY MS.
CAIN:
7
Q.
With regards to when you say supplies, materials
8
as you
just defined them to me you came up with those
9
definitions
on your own.
10
Are those your own words?
11
A.
Yeah.
12
Q.
As to how you interpret it?
13
A.
Yeah.
14
Q.
Are you aware of how much is spent on the copy
15
machine
rental per month?
16
A.
501 some odd cents.
17
Q.
You guys pay that out of what funds?
18
A.
It's our general fund expenditure.
19
Q.
You have seen your policy books on public records
20
requests?
21
A.
Yes.
22
Q.
You have read it. When was the first time you
23
ever became
acquainted with the policy book?
24
A.
Ours?
25
Q.
Yes.
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RITA TAYLOR
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September 30, 2014
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A. It was just recently adopted a couple months ago.
However, we had been following most of what was in the book
for months and months.
Q. How long ago would you say guys actually replaced
the policy book? Do you remember when that was?
A. I think it was two meetings ago. Two months ago.
Q. Where your policy -- how much do you charge for 8
1/2 x 11 black and white copies? Do you know off the top of
your head?
A. 8 cents.
Q. Is it the same price for one sided and two sided
or do those prices vary?
A. No, we just charge one fee.
Q. How did you guys come up with the total of 8
cents? Can you give me a breakdown as far as explaining?
A. Yes, I believe I can. We totaled from the Xerox
invoices the number of copies that were made during the year
and we averaged that to come down to a per copy against the
501 and added the cost of the paper to it which I said for 8
1/2 x 11 I think is 1 cent.
Q. Does that include copies of everything in the
office, that number you guys came up with or was it only
public records?
A. No, it is total of all copying.
Q. How long would you say you guys have been charging
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1 1 8 cents? Has it been as long as you can remember?
2
A.
No, it hasn't been. We used to charge by the
3
statutory
price of 15 cents for one sided and 20 cents for
4
two sided.
5
Q.
How long ago was that?
6
A.
Well, we had always charged that up until I guess
7
about a
year ago or maybe a little longer.
8
Q.
Do you know what spurred the change in that, the
9
change from
15 and 20 cents to 8 cents?
10
A.
Well, when the public records were becoming too
11
voluminous
they decided to come up with a policy, to do a
12
policy.
Then we had to do an analysis. That is what
13
evolved.
14
Q.
You said you had to do an analysis. Do you
15
remember
when you guys decided to do this analysis?
16
A.
I believe it was October, November of last year.
17
Maybe a
little before that started.
18
Q.
Did you ever receive a memo from Edward Nazzaro?
19
A.
I did.
20
Q.
I am going to give you a copy. I am going to
21
refer to
this as exhibit one. Is that the memo you received
22
from Mr.
Nazzaro?
23
A.
It appears to be.
24
(Plaintiff's Exhibit No. 1 was marked for
25 1 identification.)
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1 1 BY MS. CAIN:
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Q. Is that what you solely relied on as to decide
whether to charge the 8 cents?
A. Yes.
Q. Did you make any of your own calculations?
A. Yes.
Q. What were your own calculations? Were they
similar to what's in exhibit one?
A. Similar except this was done over a period of a
year. As a comparison mixing out the average month and did
the same math that he has done for a year and it's so close.
Q. So when you say so close are we looking at 7.4?
A. Yes, whether you raise it to the next digit.
Q. With regards to this memo did you have any other
contact with Mr. Nazzaro besides him sending you this memo?
A. Yes, he used to come in frequently. We would
consult with him.
Q. You said he would come in frequently. Come to
town hall, consult with him. What can you tell me about
that?
A. He acted as liaison and the attorneys office.
Q. When he came out what would he do? In what
capacity?
A. He worked on this of course. We would ask him
questions how he felt about something. If he didn't know
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1 off the top of his head he would find out for us and report
2 back.
3
Q.
Most
of the time was it about public records?
4
A.
Yes.
speak with Mr. Rizzardi?
5
Q.
This
policy or memo, did he ever tell you which
6
attorney
came
up with the means of drafting it?
7
you ever speak with him
MS.
O'CONNOR: Objection. You can answer.
8
THE
WITNESS: Came through Jones Foster's office.
9
BY MS. CAIN:
Not
in particular, no.
10
Q.
But
you don't know specifically which attorney
11
drafted
it?
regarding exhibit
12
A.
I think
it was Keith Rizzardi or at least part of
13
it.
14
Q.
Why
do you think it was him?
15
A.
Trey
used to converse with him. I assume he had a
16 1 hand in it.
17
Q.
Do you know directly whether
he had a hand in it?
18
Did you
ever
speak with Mr. Rizzardi?
19
A.
Yes.
20
Q.
Did
you ever speak with him
about public records
21
policy?
22
A.
Not
in particular, no.
23
Q.
You
never had a conversation
with Mr. Rizzardi
24
regarding exhibit
one, this memo, did
you?
25
A.
No.
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RITA TAYLOR
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Q. Pretty sure -- how did you come up with the cost
of 1 cent per page?
A. I took the cost of the paper and divided it by the
number of pages. At Sam's you get 750 sheets a package.
Everywhere else you get 500.
Q. So Sam's is a better deal?
A. Yes.
Q. You guys also had a meter cost in there; is that
right?
A. It comes on the Xerox invoice.
Q. That is attached to the leasing with regards or
with your Xerox lease?
A. Yes.
Q. Do you know what the meter cost was representing
that? Did they ever tell you or do you know off the top of
your head?
A. Yes, I think it is 1 cent for black and white and
I think it is 7 cents for color.
Q. Did they tell you what meter cost means? Did they
ever explain that to you?
A. It is for every piece that goes through.
Q. Is it possible that the meter cost is for ink?
A. No, I believe the ink and all of those kinds of
things are included in the 501 a month.
Q. Do you know why they charge a different price for
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September 30, 2014
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2
A.
I can only assume that the ink for the color is
3
probably
more costly. I don't know.
9
Q.
Is it possible in your opinion that the meter cost
5
could be
related to ink to some degree?
6
MS. O'CONNOR: Objection.
7
THE WITNESS: I don't think so.
8
BY MS. CAIN:
9
Q.
Let's talk about the 6 cents. You say all of that
10
6 cents
goes to for whatever public records you have to
11
release.
12
All of that goes to the payment of the Xerox
13
machine?
19
A.
It goes to general fund revenue.
15
Q.
From there it is decided or guessing whether it
16
goes to
the Xerox machine or something else?
17
A.
No, there is an accounting. It's a State
18
accounting
system. They give the title all one liners.
19
This goes
in a one line, says miscellaneous. There is
20
another
one, I forget what it is. There is not a line
21
designated for copy costs.
22
Q.
Would you say that this machine is used in your
23
regular
course of business, your Xerox machine?
29
A.
Yes.
25
Q.
You're going to need that copy machine, let's say
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RITA TAYLOR
O'BOYLE vs. TOWN OF GULFSTREAM
September 30, 2014
32
there was no Mr. O'Boyle and no Mr. O'Hare. You would still
need to utilize that copy machine?
A. Certainly.
Q. I am going to give a hypothetical. If one day Mr.
O'Boyle came and asked for 10,000 public record copies in a
month and it was for 8 1/2 x 11. That number puts it at, I
want to say -- I want to do the math exactly for you.
10,000 public record requests were made by Mr. O'Boyle or
Mr. O'Hare. They needed 10,000 sheets of 8 1/2 x 11 paper
at 8 cents. That total comes out to be 800.
Where would the additional money -- would that
money go to the general revenue fund?
MS. O'CONNOR: Assuming it is paid for?
MS. CAIN: Assuming.
THE WITNESS: The general fund is the only fund
that is affiliated with any expenses or revenue as a
result of the copies.
BY MS. CAIN:
Q. You said the Xerox machine is only 501 and some
change a month. If you wound up making an additional 299
that exceeds the cost of the copier; is that right?
The cost of the rental of the copier, is that
right, monthly?
A. I don't understand.
Q. If monthly it is 501 and change; correct? If your
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September 30, 2014
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1
public
records request happened to exceed -- generate an
2
amount
that is greater than the 501 and change that exceeds
3
the actual
cost of duplications in your opinion?
4
MS. O'CONNOR: Objection.
5
THE WITNESS: I don't know if it does or not.
6
BY MS.
CAIN:
7
Q.
Would you say that there is additional monies made
8
over the
cost of the monthly rental if a large public
9
request
like that was made?
10
A.
I suppose maybe it could. I think that is highly
11
doubtful.
12
Q.
Would you refer to that number -- if that did
13
happen
would you refer to that number as -- how would you
14
refer
to that excess amount of money?
15
A.
It always goes into the general fund and it all
16
comes
out of the general fund.
17
Q.
Have you seen drafts of the proposed August 2014
18
town manual from your meeting in August?
19
A.
What now? Say that again?
20
Q.
Did you ever see a draft of your proposed -- a
21
minute
agenda and draft of your town policy made during your
22
August
meeting.
23
A.
Do you mean the public record policy?
24
Q.
Yes.
25
A.
Yeah.
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RITA TAYLOR
O'BOYLE vs. TOWN OF GULFSTREAM
September 30, 2014
34
Q. Show you exhibit two. Do you recognize that?
A. Yes.
(Plaintiff's Exhibit No. 2 was marked for
identification.)
BY MS. CAIN:
Q. That is a draft Gulfstream intends to impose?
A. We did adopt it.
Q. In the adoption of public record policy you guys
intended on keeping the 8 cents or keeping the cost as from
what we just previously discussed?
A. Yes, until such time as it might be changed.
Q. And now to your knowledge there's no change?
A. Haven't heard of any.
Q. How would you define the word revenue in your
office?
A. Income into the town.
Q. Is it just any income?
A. Yes.
Q. Who is the lowest paid employee in the town
currently?
A. Rebecca.
Q. Do you know how much she makes off the top of your
head?
A. No, I don't.
Q. Previously it was Ms. Frida?
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September 30, 2014
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1
A.
That's right.
2
Q.
Did she help with public requests?
3
A.
Yes.
9
Q.
Was this during the period where Mr. O'Boyle and
5
Mr. O'Hare were making extensive requests?
6
A.
Yes.
7
Q.
Do you know if she was fired or whether she quit?
8
A.
She quit.
9
Q.
When did she quit?
10
A.
I don't know for sure. Must have been six or
11
eight months ago.
12
Q.
Did she ever state a reason for her resignation?
13
A.
Yes.
19
Q.
What was that?
15
A.
That there was just so much work in those public
16
records
requests and she was a nervous wreck. It drove her
17
away as
a matter of fact.
18
Q.
So that was her direct reasoning. Did she make
19
this statement
to you?
20
A.
Yes.
21
Q.
Did she make it to any others?
22
A.
Oh, yes.
23
Q.
Was this said verbally or did she send out an
29
e-mail
or letter of resignation?
25
A.
It was said verbally but I think she may have
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RITA TAYLOR
O'BOYLE vs. TOWN OF GULFSTREAM
September 30, 2014
36
mentioned that in her resignation letter but I am not sure.
Q. Back to the 8 cent policy. How was this policy
passed within the town?
A. It was passed when that was adopted. When the
policy was adopted but it was put into use long before that.
Q. Did it go through the commissioners?
A. No.
Q. Was there a vote on it?
A. No.
Q. Was it ever proposed at a public meeting of the
city?
A. It was a staff thing. As I said, with a liaison
with the attorneys office taking into consideration the
Public Record Act of the State.
Q. To your knowledge have the commissioners ever held
executive session meeting since the implementation of that
policy? Scratch that.
What training have you received with regard to
public record complaints, if any?
A. We have had the ethics training and then of course
the policy itself. We have all gone through that and
discussed it among ourselves as staff on a staff level.
Q. You said public ethics training. Do you remember
when that was?
A. We do it once a year.
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RITA TAYLOR
O'BOYLE vs. TOWN OF GULFSTREAM
September 30, 2014
37
Q. Who does it?
A. Sometimes the gentleman from the ethics, County
Ethics Board comes. Sometimes we do it over the website.
Q. Does any of that directly relate to public records
requests?
A. Well, that is part of it. It is not the primary
thing but it is a part of it.
Q. Are you required to do that every year?
A. Yes.
Q. Have you ever heard of the Government In the
Sunshine Manual?
A. Yes.
Q. Have you had a chance to read or it look it over?
A. When they first came out with it and it was much
smaller.
Q. How long was that?
A. No, we get them every year and we do review them.
Q. With regards to this has anyone ever told you to
alter a response to a public record request?
MS. O'CONNOR: Objection.
THE WITNESS: I don't know what you mean by
alter. I mean, a request is a request.
BY MS. CAIN:
Q. No one ever asked you to change anything within a
public record that is to be released?
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RITA TAYLOR September 30, 2014
O'BOYLE vs. TOWN OF GULFSTREAM 38
A. No.
Q. You said the city has hired -- has the city hired
anyone specifically just to comply with public records
requests? I know you have two temps.
Are they general temps or are they solely to help
you with the public records requests?
A. The full-time one only does work with the public
records.
Q. That is her sole job basically is to help fulfill
some of these public records requests?
A. Scanning stuff and that sort of thing.
Q. When was she hired?
A. I am not sure. I think she has been here -- three
or four months.
Q. She came through Apple you said?
A. Yes.
Q. When you get a public record request and you have
to redact something who is responsible for redacting that
information?
A. Well, Kelly determines if it's a document that
needs to be considered for that. Then she turns to the
attorneys office for direction.
Q. The attorneys office is who specifically helps you
determine what is exempt and what's not exempt?
A. Yes.
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1 Q. You don't make any of those decisions unilaterally
2 1 here on your own?
3
A.
Not when it comes to redacting, no.
4
Q.
Jones Foster is the town attorney?
5
A.
Yes.
6
Q.
Do you know when was the last time you renewed
7
your contract with them?
8
A.
We don't work under a contract.
9
Q.
I believe there was John Randall or Skip Randolf
10
who was
the town attorney before?
11
A.
Is still.
12
Q.
Does he still work as town attorney?
13
A.
Yes.
14
Q.
To your knowledge in this specific case and I know
15
there is
a lot going on. In this specific case do you know
16
if Mr.
Sweetapple is involved?
17
A.
I have no knowledge of it. I don't know him.
18
Q.
You haven't had to deal with him in this case at
19
all?
20
A.
No.
21
Q.
Do you have a security system here in town hall?
22
A.
Yes.
23
Q.
Can you tell me a little bit about that?
24
A.
It is an alarm system that is a motion detector
25
for the
whole building. Then we have on the door that goes
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September 30, 2014
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1
into the
office wing of the
building, we have an
intercom
2
system.
We control that from our office inside.
We find
3
out who
it is and what they
want. Sometimes we
come out,
9 I discuss business if that is that kind of business out in the
5
lobby.
Sometimes we invite them to come in.
6
Q.
When you say you invite them to come in is it out
7
from the
front door?
8
A.
No, it is that door that you can see on the other
9
side of
the hallway. It is that door.
10
Q.
How long have you guys had a security system?
11
A.
We always have the whole building. That one has
12
been in
probably a month.
13
Q.
Is it anything related to any of the issues with
19
the public
records requests or just is it a new upgrade?
15
A.
Well, most of the offices you can't walk right
16
into everybody's
private office. That eliminates that
17
problem.
18
Q.
Have you ever within the past year and a half told
19
someone
that record requests must in writing?
20
A.
I may have. I don't remember offhand. I know
21
that they
don't have to be. I may have mentioned it when I
22
was very
busy, write it down and I will get to it.
23
Something
like that.
29
Q.
In general for example, if a public record request
25 1 comes in and it is available on the town's website do you
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RITA TAYLOR
O'BOYLE vs. TOWN OF GULFSTREAM
September 30, 2014
41
1 1 consider that to be an adequate response to the request?
2
A.
If we tell them where it is and how to get to it.
3
Q.
Does the town prefer to do your records check
4
electronically or in person? Do you want it in paper
5
format?
6
A.
Well, we prefer to do it in the least expensive
7
and efficient
manner that we can. In this day and age it
8
seems to
be electronically.
9
Q.
Has the town received any advice or communicated
10
with Mr.
Joel Chandler regarding any of these records
11
requests?
12
MS. O'CONNOR: The requests at issue in this
13
lawsuit?
14
MS. CAIN: In general.
15
THE WITNESS: Long time ago.
16
BY MS. CAIN:
17
Q.
When you say a long time ago how long ago was
18
that?
19
A.
Probably two years.
20
Q.
Have you heard anyone within the town hall
21
recently
discussing Mr. Joel Chandler?
22
A.
No.
23
Q.
What's your procedure for processing public
24
records
lawsuits?
25
A.
Well, once we are served we put them on the
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RITA TAYLOR
O'BOYLE vs. TOWN OF GULFSTREAM
September 30, 2014
42
website. We distribute copies to the attorneys for us. I
set up a file under that number. Then we wait until the
attorneys gets a hold of us.
Q. Do you ever take any subsequent remedial measures?
A. I don't understand that.
Q. Let's say before you speak to the attorney if you
figure out something was done wrong do you try to fix it
within the public records?
If it didn't comply with 119?
MS. O'CONNOR: Objection.
THE WITNESS: You mean if it has been filed do we
try to get them to un -file it?
BY MS. CAIN:
Q. Let's say you make an error.
A. In what?
Q. With either missing something or not providing
something properly. Do you make any remedial effort, do you
try to fix any errors that are made?
A. Absolutely.
MS. O'CONNOR: Object to the hypothetical.
BY MS. CAIN:
Q.
But
do you attempt
to fix whatever errors?
A.
We
want things to
be right.
Q.
Who
is responsible
for directing the town's
litigation?
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O'BOYLE vs. TOWN OF GULFSTREAM
September 30, 2014
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1
A.
The attorneys and the commission.
2
Q.
That would be Mr. Morgan?
3
A.
Yes, and the commissioner.
4
Q.
Mr. Thrasher, you, all of you together?
5
A.
No, staff doesn't.
6
Q.
You have nothing to do with it?
7
A.
No.
8
Q.
Have you ever expressed any want or need to change
9
the public
records policy within the past year?
10
A.
Have I ever expressed a desire?
11
Q.
Yes.
12
A.
Maybe certain parts of it.
13
Q.
When you say that what did you express and to who?
14
A.
I probably expressed it publicly most likely that
15
there are
parts of it that seem a little unfair. One part
16
was especially
when the statute said you could charge 15
17
cents for
one sided, 20 cents for two sided and anything
18
over 8 1/2
x 14 you could charge the actual cost. Now, at
19
that point
I personally was not aware that the actual cost
20
is the way
we now figure the actual cost. I thought that it
21
read that
way because there was an assumption that if you
22
had to go
to a bigger size you couldn't do it yourself and
23
you would
have to send it out which would cost more money.
24
I thought
that ought to be clarified.
25
Q.
This was about how long ago?
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RITA TAYLOR
O'BOYLE vs. TOWN OF GULFSTREAM
September 30, 2014
44
A. Couple years.
Q. Do you know and these are just going to be some
final round -up questions. I am almost done. Do you know
what percentage of the monthly copier fee specifically goes
to ink usage?
A. I have no way of knowing that.
Q. How does the town define overhead? How do you use
the dictionary's definition of that or do you use your own
definition or are you told the definition?
A. We don't use the dictionary. Overhead is what it
costs to maintain the building and what it takes to run the
copier and house the copier. Like the electricity, air
conditioning, whatever.
Q. Pretty sure we have gone over this. Ask just in
case. Have you ever been convicted of a felony?
A. Not yet.
Q. Have you ever been convicted of a crime of
dishonesty?
A. Nope.
Q. Do you have any interns or volunteers here?
A. No.
MS. CAIN: I have no further questions.
MS. O'CONNOR: Couple questions.
CROSS EXAMINATION
BY MS. O'CONNOR:
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RITA TAYLOR
O'BOYLE vs. TOWN OF GULFSTREAM
September 30, 2014
45
Q. Joanne O'Connor. Ms. Taylor, you were just asked
about overhead. You indicated overhead is what it takes to
run and house the copier.
Did you mean the electricity cost to turn the
copier on and off?
A. Certainly.
MS. CAIN: Object to form.
BY MS. O'CONNOR:
Q. You were asked some questions about who the town
has -- whether the town has specifically hired anyone to
help with public records requests and you indicated there's
a full-time temp here at town hall.
What percentage of Kelly Avery's time would you
estimate is dedicated to responding to public records
requests?
A. Probably I would say 75 percent.
Q. Trey Nazzaro, the individual who wrote the
memorandum that is marked as exhibit one, was he providing
contract services to the town last year?
A. Yes, through our attorneys office.
Q. Would he come to town hall on a regular basis and
assist with public records?
A. Yes.
Q. Approximately how many hours per week did Trey
work last year?
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RITA TAYLOR September 30, 2014
O'BOYLE vs. TOWN OF GULFSTREAM 46
A. I think 20.
Q. Is there someone this year who has worked on a
contract basis, a law student to assist with public records
requests and responses?
A. Yes.
Q. Who is that?
A. Maxine Meltzer.
Q. Does she work similar hours that Trey worked last
year?
A. Yes.
Q. You were asked some questions about training
regarding public records compliance. Would you consider the
guidance provided by Trey Nazzaro and now Maxine Meltzer and
also Keith Rizzardi to be a form of informal training?
A. It would be.
Q. You were asked questions about whether the town
pays extra for the service of the copy machine and you
indicated there is no extra charge.
Do you remember that?
A. Yes.
Q. Is it your understanding that the service when a
service professional comes out to service the copier, is it
your understanding that is included in the monthly 501 fee?
A. It is.
Q. I want to mark -- we can mark this as exhibit
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RITA TAYLOR
O'BOYLE vs. TOWN OF GULFSTREAM
September 30, 2014
47
1
three?
Ms. Taylor, if you could take a look at that
2
document
and I ask if you recognize that document?
3
A.
I do.
9
Q.
What is it?
5
A.
It is the cost of six packages of 8 1/2 x 11 paper
6
from Sam's.
7
MS. CAIN: Can you tell me the date on that?
8
THE WITNESS: Purchased? May 9, 2013.
9
(Plaintiff's Exhibit No. 3 was marked for
10
identification.)
11
BY MS. O'CONNOR:
12
Q.
There's a notation on that invoice that indicates
13
750 sheets in each six packages. Do you see that?
19
A.
Yes.
15
Q.
Is that because each package of 8 1/2 x 11 paper
16
that you
purchased from Sam's contains 750 sheets?
17
A.
That's right.
18
Q.
In calculating .01 cents per 8 1/2 x 11 sheet did
19
you take
6.98 per package and divide it by 750 sheets?
20
A.
I did.
21
MS. O'CONNOR: I don't have any questions. We
22
will
read.
23
THE COURT REPORTER: Ms. O'Connor, if this is
29
ordered would you like a copy?
25
MS. O'CONNOR: Yes, if it's ordered we'll take a
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RITA TAYLOR September 30, 2014
O'BOYLE vs. TOWN OF GULFSTREAM 48
—
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RITA TAYLOR
O'BOYLE vs. TOWN OF GULFSTREAM
DEPOSITION ERRATA SHEET
Assignment No. # 207862
Case Name: O'Boyle vs. Town of Gulfstream
DECLARATION UNDER PENALTY OF PERJURY
September 30, 2014
49
I declare under penalty of perjury that I have read the
entire transcript of my deposition/examination under oath
taken in the captioned matter or the same has been read
to me, and the same is true and accurate, save and except
for changes and/or corrections, if any, as indicated by
me on the DEPOSITION ERRATA SHEET, hereof, with the
understanding that I offer these changes as if still
under oath.
Signed on the 6th of October, 2014.
RITA TAYLOR
Job # 207862
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RITA TAYLOR
O'BOYLE vs. TOWN OF GULFSTREAM
September 30, 2014
50
OAFESQUIRE
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DEPOSITION ERRATA SHEET
Page No.
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SIGNATURE:
DATE:
RITA
TAYLOR
JOB # 207862
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RITA TAYLOR
O'BOYLE vs. TOWN OF GULFSTREAM
September 30, 2014
51
DEPOSITION
ERRATA SHEET
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to:
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SIGNATURE:
DATE:
RITA TAYLOR
Job # 207862
C)ESQUIRE
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RITA TAYLOR September 30, 2014
O'BOYLE vs. TOWN OF GULFSTREAM 52
RITA TAYLOR September 30, 2014
O'BOYLE vs. TOWN OF GULFSTREAM 53
1 1 CERTIFICATE
VA
THE STATE OF FLORIDA
3
COUNTY OF PALM BEACH
0
5 I, DEBORAH LAWRENCE, Court Reporter and Notary
Public in and for the State of Florida at Large, do
6 hereby certify that the aforementioned witness was by
me first duly sworn to testify the whole truth; that I
7 was authorized to and did report said deposition in
stenotype and that the foregoing pages are a true and
8 correct transcription of my shorthand notes of said
deposition.
9
I further certify that said deposition was taken at
10 the time and place hereinabove set forth and that the
taking of said deposition was commenced and completed
11 as hereinabove set out.
12 I further certify that I am not an attorney or
counsel of any of the parties, nor am I a relative or
13 employee of any attorney or counsel of party connected
with the action, nor am I financially interested in the
14 action.
15 The foregoing certification of this transcript does
not apply to any reproduction of the same by any means
16 unless under the direct control and/or direction of the
certifying reporter.
17
DATED this 6th of October, 2014.
18
19
20
DEBORAH LAWRENCE, Court Reporter
21
Job # 207862
22
IC&]
24
25
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