HomeMy Public PortalAboutChris O'Hare Transcript 8/12/153
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL
CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA
CASE NO.: 2014CA006848XXXXMBAB
CHRISTOPHER F. O'HARE,
Petitioner,
VS.
TOWN OF GULF STREAM,
Respondent.
DEPOSITION OF CHRISTOPHER F. O'HARE
THE PLAINTIFF
TAKEN ON BEHALF OF THE DEFENDANT
DATE: AUGUST 12, 2015
TIME: 3:05 - 5:50 P.M.
PLEASANTON, GREENHILL, MEEK & MARSAA
561/833.7811
I
1 I N D E X
2 DIRECT CROSS REDIRECT RECROSS
3 AUGUST 12, 2015
4 CHRISTOPHER F. O'HARE
5 By Ms. O'Connor 5 126
6 By Mr. Mesa 121 127
7
8
E X H I B I T S
9
Marked
10
Defendant's Exhibit No. 1
6
Amended Complaint
11
12
Defendant's Exhibit No. 2
7
E-mail dated 4-24-2014
13
14
Defendant's Exhibit No. 3
35
Public Records Request Log
15
16
Defendant's Exibit No. 4
40
E-mail dated 4-25-2014
17
18
Defendant's Exhibit No. 5
48
E-mail dated 4-25-2014
19
20
Defendant's Exhibit No. 6
55
E-mail dated 4-25-2014
21
22
Defendant's Exhibit No. 7
68
E-mail dated 8-6-2014
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24
Defendant's Exhibit No. 8
73
Invoices
25
PLEASANTON, GREENHILL, MEEK & MARSAA
561/833.7811
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1
E
X H
I B I T S
2
Marked
3
Defendant's
Exhibit
No.
9
73
Invoices
4
5
Defendant's
Exhibit
No.
10
104
Response
to Request to
Produce
6
7
Defendant's
Exhibit
No.
11
112
8
9
10
Signature letter to
counsel
- Page 131
11
Errata Sheet
(forwarded
on execution)
- Page 132
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15
16
17
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19
20
21
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PLEASANTON, GREENHILL, MEEK & MARSAA
561/833.7811
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The deposition of CHRISTOPHER F. O'HARE, the
Plaintiff in the above -entitled and numbered cause,
was taken before me, Deborah Meek, Registered
Professional Reporter, Notary Public for the State
of Florida at Large, at 100 Sea Road, in the Town of
Gulf Stream, County of Palm Beach, State of Florida,
on Wednesday, the 12th day of August, 2015.
APPEARING ON BEHALF OF PLAINTIFF:
Giovani Mesa, Esq.
THE O'BOYLE LAW FIRM, P.C.
1286 West Newport Center Drive
Deerfield Beach, Florida 33442
Louis L. Roeder, III
7414 Sparkling Lake Road
Orlando, Florida 32819
APPEARING ON BEHALF OF DEFENDANT:
Joanne M. O'Connor, Esq.
JONES, FOSTER, JOHNSTON & STUBBS, P.A.
505 South Flagler Drive, Suite 1100
West Palm Beach, Florida 33401
ALSO PRESENT: Mark Hanna
PLEASANTON, GREENHILL, MEEK & MARSAA
561/833.7811
r.
i
5
1 THEREUPON,
2
CHRISTOPHER F. O'HARE,
3
having
been first duly sworn by me to tell
4
the whole truth, was examined and testified
5
as follows:
6
THE WITNESS: I do.
7
DIRECT EXAMINATION
8
BY MS.
O'CONNOR:
9
Q
Good afternoon, Mr. O'Hare.
10
A
Good afternoon, Joanne O'Connor.
11
Q
Can you please state your name and address
12
for the
record?
13
A
Christopher Francis O'Hare, 2520 Avenue Au
14
Soleil,
A -u S -o -1 -a -i-1, Gulf Stream, 33483.
15
Q
Do you own any other properties in Gulf
16
Stream?
17
A
I'm part owner in other properties.
18
Q
And which ones are those?
19
A
I'm sorry?
20
Q
What properties are those?
21
A
Two houses besides the one I'm in.
22
Q
What are the addresses?
23
A
2516 Avenue Au Soleil, 935 Orchid Lane or
24
Drive,
I'm not sure which.
25
Q
Okay. How long have you resided in the
PLEASANTON, GREENHILL, MEEK & MARSAA
561/833.7811
0
1 Town of Gulf Stream?
2
A
Maybe 15 years, something like that now.
3
Q
And did you always reside in Gulf Stream
4
at 2520 Avenue
Au Soleil?
5
A
No. I lived at 530 Middle Road.
6
Everything
else was the same.
7
Q
When did you move from Middle Road to
8
Avenue Au
Soleil?
9
A
I want to say sometime in 2011.
10
Q
Okay.
11
MS. O'CONNOR: I'm going to go ahead and
12
mark
this as Exhibit 1.
13
(Defendant's Exhibit No. 1 was marked for
14
identification.)
15
BY MS. O'CONNOR:
16
Q
Mr. O'Hare, you're familiar with the case
17
that we're
here on today?
18
A
Yes, I think so.
19
Q
Okay. I'm going to go ahead and show you
20
what I've
marked as Exhibit 1 which is an Amended
21
Complaint
to Enforce Florida's Public Records Act.
22
I ask you
to take a look at that and let me know if
23
this is an amended complaint that was filed by you
24
in Case Number 2014CA06848.
25
A
Could you ask that question again? I'm
PLEASANTON, GREENHILL, MEEK & MARSAA
561/833.7811
1 sorry.
7
2 Q Sure. Do you recognize this as an amended
3 complaint that was filed by you or on your behalf by
4 your attorney in Case Number 2014CA006848 filed by
5 you against the Town of Gulf Stream?
6 A It looks familiar. I can't attest to its
7 completeness.
8 Q You want to take a minute and look through
9 it and see if there appears to be anything missing
10 from the copy that I've given you?
11 A I did look through it and, again, I can't
12 tell you if it's complete or not.
13 Q okay. Do you understand this to be a
14 two -count complaint brought under the Public Records
15 Act?
16 A Yes.
17 Q And let's focus our attention on Count I
18 if we could. I'm going to give you -- attached are
19 a number of the same documents to the amended
20 complaint but just for ease of reference, I've
21 brought copies and I think if we can go through them
22 one by one, it will be helpful.
23 MS. O'CONNOR: So let me mark as Exhibit 2
24 an e-mail dated April 24, 2014.
25 (Defendant's Exhibit No. 2 was marked for
PLEASANTON, GREENHILL, MEEK & MARSAA
561/833.7811
E
1 identification.)
2 BY MS. O'CONNOR:
3
Q
I'll ask you if you recognize that e-mail.
4
A
This appears to be the same document
5
that's classified as Exhibit A in the complaint. it
6
appears to
be.
7
Q
And this is a public records request,
8
correct?
9
A
It says public records request.
10
Q
And it's made to Freda Defosse. Do you
11
see that?
12
A
That's what it says on this paper, yes.
13
Q
Who is that?
14
A
That is an employee of Gulf Stream.
15
Q
And the request was made by e-mail,
16
correct?
17
A
This was, yeah, delivered to the town by
18
e-mail.
19
Q
On April 24, 2014 at 4:34 p.m., correct?
20
A
That's what it says here.
21
Q
The e-mail indicates it's from Janto,
22
J -a -n -t -o,
last name Djajaputra,
23
D -j -a -j -a -p -u -t -r -a.
24
A
Yes, pronounced Yanto, like a Y.
25
Q
Okay. Was this in fact a public records
PLEASANTON, GREENHILL, MEEK & MARSAA
561/833.7811
I
1 request that was sent by you to the Town of Gulf
2 Stream?
3 A Yes, I sent this.
4 Q can you explain why it indicates that it's
5 from Janto Djajaputra?
6 A That's the name I selected for the
7 public -- I'm sorry, the Gmail account.
8 Q Okay. And when did you -- so you're
9 saying you set up a Gmail account in the name of
10 Janto Djajaputra, correct?
11 A No, in the name of jantodjajaputra@
12 gmail.com.
13 Q And when did you set up that Gmail
14 account?
15 A I don't know. Sometime close to the
16 sending of this, I'm sure.
17 Q How was it that you came to set up a Gmail
18 account in this name?
19 A Just PFA.
20 Q What does that mean?
21 A Picked from the air, just the first thing
22 that popped into my head.
23 Q Well, it wasn't really picked from the
24 air, was it? You know an individual named Janto
25 Djajaputra, is that correct?
PLEASANTON, GREENHILL, MEEK & MARSAA
561/833.7811
1C
1
MR. MESA: Objection to form.
2
A
Let me be more clear. PFA, I meant
3
gathered
from my historic collection of memory and
4
references
and just a name that I came up with at
5
the time.
6
BY MS. O'CONNOR:
7
Q
Let me ask you this. Why did you feel the
8
need to create
a separate Gmail account under a name
9
that you
picked from the air rather than using your
10
own name?
11
A
Is that relevant to the request for
12
records?
13
Q
I'm not here to answer questions that you
14
pose but...
15
A
Sorry. Ask the question again because
16
it's my mind thinking and it just came right on my
17
tongue.
I don't think it's relevant.
18
Q
Are you refusing to answer that question?
19
A
Ask the question again.
20
Q
Why was it that you decided to make a
21
public records request to the town using an e-mail
22
that was
associated with another person?
23
MR. MESA: Object to the form.
24
A
It's not associated with another person.
25
PLEASANTON, GREENHILL, MEEK & MARSAA
561/833.7811
1 BY MS. O'CONNOR:
2
Q
Is there an individual named Janto
3
Djajaputra?
4
A
Yes, at least one that I know of.
5
Q
Okay. Who's the one that you know of?
6
A
His name is Janto Djajaputra.
7
Q
And how is he employed?
e
A
Forty hours a week.
9
Q
Where?
10
A
At my firm.
11
Q
And that's Pineapple Grove Designs, LLC?
12
A
Yes.
13
Q
How long has he been employed by your
14
firm?
15
A
A long time.
16
Q
I think you previously testified since
17
1998, is
that correct?
18
A
That might be accurate.
19
Q
And how is Mr. Djajaputra employed by your
20
firm?
21
A
He's legally employed by me. I'm not sure
22
what the
question is.
23
Q
What are his job responsibilities?
24
A
He's a worker.
25
Q
Before you sent out a public records
PLEASANTON, GREENHILL, MEEK & MARSAA
561/833.7811
1 request using this e-mail address, did you ask
2 Mr. Djajaputra about using his name?
3
A
Yes.
4
Q
Okay. Describe that conversation for me.
5
When did
it happen?
6
A
Janto, can I use your name for a Gmail
7
account?
Yes, you can. Or something to that
8
effect.
9
Q
Did you tell him why you were using his
10
name for
a Gmail account?
11
A
I can't recall that.
12
Q
You just don't recall one way or the
13
other?
14
A
I don't recall more of the conversation or
15
what was
in my mind at the time.
16
Q
Do you recall whether you ever had a
17
conversation
with him about why you were using his
18
name for
a Gmail account?
19
A
I don't recall.
20
Q
He's aware that there's a lawsuit
21
involving
a request made using his name, correct?
22
A
He was very stressed out by that, yeah.
23
Q
And did you have a conversation with him?
24
Is that
after he received a subpoena to testify in
25
this case?
PLEASANTON, GREENHILL, MEEK & MARSAA
561/833.7811
13
1
MR. MESA: Objection to form.
2
A
I can't recall when the conversation took
3
place. I
mean, you're asking me like double
4
questions
and I'm trying to answer the last one.
5
BY MS. O'CONNOR:
6
Q
Are you aware that he was served with a
7
subpoena
to give testimony in this case?
8
A
Yes.
9
Q
How did you come to learn of that?
10
A
I think he brought it to work and asked me
11
about it.
12
Q
Okay. And what did he ask you?
13
A
What is this about.
14
Q
And what did you tell him?
15
A
I don't recall exactly what we said.
16
Q
That was just a couple of months ago,
17
correct?
18
A
Yeah.
19
Q
And how long was your conversation?
20
A
on paper, probably three or four inches.
21
You're asking me how long, you mean time -wise?
22
Q
Sure.
23
A
I don't know.
24
Q
Was anyone else present for part of that
25
conversation?
PLEASANTON, GREENHILL, MEEK & MARSAA
561/833.7811
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1 A Within earshot, I can't recall.
2 Q okay. Was it only one conversation or did
3 you have multiple conversations with him about this
4 lawsuit?
5 MR. MESA: Objection to form.
6 A I don't recall that either.
7 BY MS. O'CONNOR:
8 Q Does Mr. Djajaputra speak English?
9 A It's his second language or his third, I'm
10 not sure.
11 Q What other languages does he speak, if you
12 know?
13 A I'd be guessing so I don't want to answer
14 that. He does speak English, Indonesian, some
15 Chinese, but I don't know any others.
16 Q You've previously testified in another
17 case that you used e-mail addresses with other names
18 so that you could categorize or keep track of the
19 public records requests that you were making to the
20 town. Do you recall giving that testimony?
21 A Yeah, I think I remember that.
22 Q When, if you recall, did you decide that
23 you needed to track your public records requests?
24 A Could you repeat that?
25 Q Sure. Let me step back. When did you
PLEASANTON, GREENHILL, MEEK & MARSAA
561/833.7811
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1 start making public records requests to the town?
2
A
To the Town of Gulf Stream?
3
Q
Correct.
4
A
Maybe 1995. Let me count back. Around
5
2000, I
think.
6
Q
And why were you making public records
7
requests
to the town in 2000?
8
A
I wanted public records.
9
Q
And can you describe for me -- let's talk
10
about from
2000 to 2013. Can you tell me how many
11
public records
requests you made to the Town of Gulf
12
Stream?
13
A
From 2000 to 2013?
14
Q
Correct.
15
A
I have no idea.
16
Q
Ten, a hundred, a thousand?
17
A
Is this called bracketing? Ism sorry. I
18
dont know.
19
Q
You have no idea?
20
A
No.
21
Q
Do you have any records that would reflect
22
how many
public records requests you made to the
23
Town of Gulf Stream from 2000 to 2013?
24
A
I would imagine that record would be in
25
Town Hall, in the possession of your client.
PLEASANTON, GREENHILL, MEEK & MARSAA
561/833.7811
16
1 BY MS. O'CONNOR:
2
Q
I'm asking you if you have any records.
3
A
Do I have any? No, I don't think I do.
4
Q
okay. Did there come a time -- strike
5
that.
Do you recall making public records requests
6
to the
Town of Gulf Stream in July 2013?
7
A
That's very possible.
8
Q
And that was just prior to the town's
9
settlement with Martin O'Boyle?
10
MR. MESA: Objection to form.
11
BY MS.
O'CONNOR:
12
Q
Do you recall that?
13
A
I definitely made requests prior to that
14
settlement.
15
Q
Like pretty close in time to that
16
settlement as you recall?
17
A
No. I think my request, the recent nature
18
that I
think you're alluding to started around 2012,
19
spring
of 2012.
20
Q
Okay. So the recent requests as you've
21
described them that began in the spring of 2012,
22
have you tracked those requests since you started
23
making
them so you can keep track of the town's
24
responses and timeliness?
25
A
I'm not sure what you mean by track.
PLEASANTON, GREENHILL, MEEK & MARSAA
561/833.7811
17
1
Q
Well, when you make a public records
2
request
to the town -- and you've made hundreds, we
3
can agree
on that, right, since 2012?
4
A
I've made a lot of requests from the town,
5
agencies
all over Florida.
6
Q
And you would agree that you're pretty
7
computer
savvy personally, right?
8
A
I thought so, but I still don't know haw
9
to program
a DVD or VCR, so compared to who?
10
Q
You're pretty facile with an Excel
11
spreadsheet?
12
A
I think I've used one once or twice.
13
Q
What do you do to keep track of the public
14
records
requests that you've made to the Town of
15
Gulf Stream
since the spring of 2012?
16
A
I give those to counsel.
17
Q
What do you give to counsel?
18
A
The records responses, anything like that.
19
Q
Are you saying starting in spring of 2012,
20
you would
give your public records requests to your
21
counsel?
22
A
That's, I think, how I kept track of them.
23
In other
words, you used track.
24
Q
Sure. I just want to make sure I
25
understand. So in the spring of 2012 when you began
PLEASANTON, GREENHILL, MEEK & MARSAA
561/833.7811
le
1 this recent spate of public records requests, after
2 you -- well, strike that. Would you e-mail your
3 public records requests to the town?
4 A Yes.
5 Q Okay. And --
6 A Not all of them, but most of them.
7 Q Okay. And after you e-mailed the requests
8 to the town, let's talk about spring of 2012, who
9 would you forward it to?
10 A I think originally it was Ms. Taylor, but
11 the responses came back from Mr. Thrasher's e-mail
12 account so then I used Mr. Thrasher's e-mail account
13 and sent them to him.
14 Q Maybe I wasn't clear. You had indicated
15 you had forwarded your public records requests to
16 your attorney in the spring of 2012. Which attorney
17 was it that you forwarded those requests to?
is A I'm sorry, I didn't understand your
19 question. That would be Mr. Lou Roeder,
20 R -o -e -d -e -r.
21 Q And after you forwarded your requests to
22 Mr. Roeder, did you do anything further to track
23 whether the town had responded to those requests or
24 not?
25 A Well, when you say -- 2 guess you're
PLEASANTON, GREENHILL, MEEK & MARSAA
561/833.7811
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1 asking me for the correspondence regarding
2 clarifications, follow-ups, second, third, fourth
3 requests for the same record, that kind of thing?
4 Q Sure.
5 A I would create those and then track them
6 with Mr. Roeder.
7 Q Did you send any kind of calendar reminder
8 to check in ten days if the town hadn't responded?
9 A I don't recall that.
10 Q Okay. If the town responded and asked for
11 clarification, would you then be the person to draft
12 a response or did you forward that to your attorney?
13 A I was the only person who ever drafted a
14 record request or clarification or follow-up or
15 response.
16 Q And on the clarifications and any further
17 communications that you sent to the town, did you
18 also then forward those to Mr. Roeder?
19 A Usually I would only send things to
20 Mr. Roeder after I thought they were completely
21 exhausted, finished.
22 Q Did you maintain any e-mail folders for
23 each particular public records request to kind of
24 organize your communications with the town?
25 A Well, that was the reason for the
PLEASANTON, GREENHILL, MEEK & MARSAA
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1 fictitious names, to create folders where I could
2 keep them organized.
3 Q Let's just go back to spring of 2012
4 though, if we could, so I can understand your
5 process leading up to the creation of the fictitious
6 names. I'm just interested in how you organized it
7 before you started creating the fictitious names.
8 Before you started creating the fictitious names,
9 did you maintain any, for example, outlook or e-mail
10 folders that would identify the public records
11 requests?
12 A No. I'm sorry, you say e-mail folders?
13 Q Sure.
14 A Could you clarify that?
15 Q Sure. Outlook allows you to create
16 sub -folders in your inbox.
17 A Don't use Outlook.
18 Q Okay. What do you use for your e-mail?
19 A Gmail. It's on the address of the e-mail
20 account.
21 Q Okay. So if you wanted to go back and
22 find a public records request you had sent to the
23 town, let's say in summer of 2012, how would you do
24 that? Where would you look?
25 A Different ways. I could go and scroll
PLEASANTON, GREENHILL, MEEK & MARSAA
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21
1 down through the dates. I could put it in a search
2 box for something in the record request, something
3 that would, you know, search for it and bring it up.
4 If there's chains of e-mails, I would look through
5 the chain e-mails, typical search of e-mail
6 messages.
7 Q Did you ever create any kind of log
8 identifying the public records requests in your
9 communications with the town?
10 MR. MESA: Objection to form.
11 A No log.
12 BY MS. O'CONNOR:
13 Q Are you aware of whether Mr. Roeder
14 created any kind of log that tracked your public
15 records requests?
16 A No.
17 Q So how would you know if the town had
18 failed to respond to a public records request when
19 you -- strike that. When you started making a
20 significant number of requests, how would you be
21 able to keep track of whether they had responded to
22 particular ones versus others?
23 MR. MESA: objection to form.
24 A I would have the record. If I didn't have
25 the record, I would ask for it again.
PLEASANTON, GREENHILL, MEEK & MARSAA
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22
1 BY MS. O'CONNOR:
2 Q okay. You did not always pick up the
3 records though immediately when the town made them
4 available, did you?
5 A No.
6 Q Often several weeks would go by before you
7 picked up the records, isn't that right?
8 A No, I don't believe that's true.
9 Q You don't believe you ever let several
10 weeks and even months go by before you picked up
11 public records?
12 A I believe that there were a few times when
13 a number of records were made available to me or
14 were soon to be made available and I aggregated my
15 pick-up fox the convenience of coming by. So we
16 would pay whatever money we were supposed to pay and
17 pick up the response to different requests.
18 Q A few weeks out?
19 A I don't know how long it would be.
20 Usually a reasonable amount of time as I understand
21 the word.
22 Q How would you know if there were records
23 that the town had advised you were available but you
24 hadn't picked them up yet?
25 A I made numerous requests to the town,
PLEASANTON, GREENHILL, MEEK & MARSAA
561/833.7811
23
1 apologizing in advance if that was the case and
2 asking if there were any outstanding records to be
3 picked up and notifying them that I would get right
4 over if that was the case.
5 Q You did that at a couple of points in
6 time, isn't that right?
7 A Yes. Specifically I remember once when
8 you were at the podium announcing to the general
9 public that I was slow to pick up my records, I made
10 a special effort to find out if there were indeed
11 any records that were outstanding, and in the town's
12 way, they sent me to the website where I indeed saw
13 where they indicated I owed them money which I
14 didn't believe I owed and I followed up on that but
15 never got a response.
16 Q I'm talking right when the town responded
17 and said, Mr. O'Hare, we have public records
18 available to you, you can come pick them up at the
19 town. When you were aggregating them and letting
20 some days go by, how would you remember which ones
21 you had to go pick up? Did you have a stack in your
22 office, these are the ones they've said are ready
23 for me and Mr. Roeder, when you come by, can you go
24 get them?
25 A I believe I sent e-mails to the town
PLEASANTON, GREENHILL, MEEK & MARSAA
561/833.7811
24
1 saying thank you and we'll be by to pick them up
2 shortly or something to that effect or I'll be
3 coming to the meeting and I'll get them then when
4 I'm in Town hall, something to that effect.
5 Q Let's go back to Exhibit 2, if we can. To
6 your knowledge, has Mr. Djajaputra ever filed a
7 public records request to the town on his own
8 behalf?
9 A Not to the town.
10 Q Have you ever made a public records
11 request to the town on his behalf?
12 A Not to the town.
13 Q we talked about when you first used this
14 e-mail address. If I told you that town records
15 reflect that the first request they received from
16 Janto Djajaputra at gmail.com was April 1, 2014,
17 would you have any reason to dispute that?
18 A I have no knowledge whether that's
19 accurate or not. So, no, I can't dispute that.
20 Q You said that the reason you were using
21 these fictitious names is so that you could
22 categorize them and you actually said so you can put
23 them in e-mail folders, didn't you?
24 A If I used the term folder, I'm not sure
25 that was accurate of what I had in my mind, but
PLEASANTON, GREENHILL, MEEK & MARSAA
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25
1 basically the e-mail account is its own independent
2 archive or folder of e-mail, records that are made
3 on that account.
4 Q And you still maintain this Gmail account,
5 correct?
6 A Yes.
7 Q So you could go and look at that Gmail
8 account and find out when was the first time that
9 you made a public records request to Gulf Stream
10 using this name, correct?
11 A And also what records might have been
12 responsive back to that account as well.
13 Q okay. Ind like to take just a minute if I
14 can and go through a list of other names and ask you
15 if these were names that you used to make public
16 records requests to the town. Okay?
17 A Well, I dont see the relevance, but as a
18 courtesy, I'll try to answer your questions.
19 Q Okay. irnawatyt@gmail.com?
20 I -r -n -a -w -a -t -y -t.
21 A Irnawaty is Janto's wife. She escaped
22 persecution for being Chinese and Indonesian by
23 changing her name to an Indonesian name and that's
24 her Indonesian name. She goes by Irene but they're
25 all valid ways to address her.
PLEASANTON, GREENHILL, MEEK & MARSAA
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26
1
Q
And you set up a Gmail account using her
2
name, correct?
3
A
Yes.
4
Q
Rodrigo Tejera,
5
tejera.tejera.tejera@gmail.com?
T -e -j -a -r -a.
6
A
Rodrigo is a U.S. Marine who works for me
7
from Uruguay.
8
Q
And you set up a Gmail account in his name
9
to make
public records requests to the Town of Gulf
to
Stream,
correct?
11
A
Yes.
12
Q
Nevada Smith, e-mail nevadasmithcowboy@
13
gmail.com?
14
A
Yes. Frank Nevada Smith used to work for
15
me.
16
Q
Did you ever have any conversation with
17
Mr. Smith about using his name to create a Gmail
18
account?
19
A
Asked him if I could use it. He would say
20
yes and
I would say thank you.
21
Q
You did ask him if you could use it?
22
A
Certainly.
23
Q
Before he ceased employment with you?
24
A
Yes.
25
Q
Okay. When did he stop working for you?
PLEASANTON, GREENHILL, MEEK & MARSAA
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1 A I can't recall.
2 Q In the last year?
3 A It might be, yeah.
4 Q Do you know where he is now?
5 A No.
6 Q Okay. So Frank Smith, the e-mail
7 frank.smith.econoclass@gmail.com, does that refer to
8 your former employee, Frank Nevada Smith, as well?
9 A No. That was the inspiration.
10 Q Another Gmail account you created to make
11 public records requests from the Town of Gulf
12 Stream, correct?
13 A Yes.
14 Q A Hawaiian name, H -o -k -u -i -k -e -k -a -i, and
15 we'll leave out the last name. Did you use that
16 name with a Gmail address that has a number of
17 numbers and letters, 110IOI, appears to be repeated
18 but it may be random. Is that an e-mail address you
19 created?
20 A I'm sorry, what was the name?
21 Q Hokuikekai.
22 A That woman sued the State of Hawaii
23 because they wouldn't put her name on her driver's
24 license, I think it was too long. I thought that
25 was cute. Yeah, she was inspiration for a Gmail
PLEASANTON, GREENHILL, MEEK & MARSAA
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28
1 account.
2 Q How about Slow Hands associated with the
3 e-mail address concerned.gulfstream.homeowner@
4 gmail.com and buffyhowell@gmail.com?
5 A Yes, those are mine.
6 Q An e-mail address, review.content.apply@
7 gmail.com?
8 A Yes. Would it be easier if you just let
9 me see the list and I could say yes to the whole
10 thing, unless there's something that --
11 Q No, I think we need to read them into the
12 record unfortunately. We haven't been able to
13 stipulate with your counsel on this.
14 Freddie Farnsworth, an e-mail address in
15 the name of Freddie Farnsworth,
16 fredrick.freddie.farnsworth@gmail.com?
17 A Yeah, that one sounds familiar.
18 Q Groanorthwein@gmail.com?
19 A Yes. Again, I don't think these are
20 relevant but I'll continue to answer your questions.
21 Q And that was -- there's a former town
22 commissioner and mayor, Joan Orthwein, is that
23 correct?
24 MR. MESA: Objection to form.
25 A No, that's not one of mine.
PLEASANTON, GREENHILL, MEEK & MARSAA
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1 BY MS. O'CONNOR:
2
Q
Groanorthwein was modeled on Joan
3
Orthwein,
is that correct?
4
A
I don't see the connection.
5
Q
Billiethrasher@gmail.com?
6
A
That was definitely inspired by
7
Mr. Thrasher.
8
Q
And that's one of your e-mail accounts?
9
A
I think I might have misspelled it and
10
then thought to keep it.
it
Q
Bobbygangrene@gmail.com?
12
A
Sounds familiar.
13
Q
Gonnawhite@gmail.com?
14
A
Yes.
15
Q
Scottymorgin, spelled M -o -r -g -i -n,
16
@gmail.com?
17
A
That sounds like it might be mine.
18
Q
How would you know if it's yours?
19
A
I don't know. Gmail is very specific
20
about dots
and letters and -- I'm not looking at it,
21
I'm hearing
you say it, but it sounds like one of
22
mine. But
I think the answer to your question is I
23
recall my
e-mail addresses.
24
Q
And did you set up an e-mail account in
25
the name of
patrickhenry@no.gov.secrets@gmail.com?
PLEASANTON, GREENHILL, MEEK & MARSAA
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1 A That sounds familiar.
2 Q How about wyattburke@okay.corral.records@
3 gmail.com?
4 A Yes.
5 A Prigshypocrites@prigsandhypocrites
6 @gmail.com?
7 A Yeah.
8 Q Americavespucci@discover.net.record@gmail.
9 com?
10
A
That sounds like one of mine.
11
Q
James Baker,
12
jamesbaker.recordmaker@gmail.com?
13
A
Yeah. I named that one after one of my
14
old attorneys.
15
Q
Would you agree with me that your --
16
strike
that. Chrisoharegulfstream@gmail.com, what
17
e-mail
account is that?
18
A
That is an e-mail account.
19
Q
Is that your primary personal e-mail
20
account?
21
A
No.
22
Q
What's your primary personal e-mail
23
account?
24
A
Pinegd, P-i-n-e-g-d@gmail.com.
25
Q
Okay. Do you recall when you set up the
PLEASANTON, GREENHILL, MEEK & MARSAA
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1 Gmail account, chrisoharegulfstream@gmail.com?
2 A I'm sorry, I didn't hear the question.
3 Q Do you recall when you set up the Gmail
4 account, chrisoharegulfstream@gmail.com?
5 A No.
6 Q Would it have been for the same reason as
7 the others in order to track the voluminous public
8 records requests you were making?
9 MR. MESA: Objection to form.
10 A I don't remember why that was because the
11 others had very few requests in them and that one
12 had more. I don't remember exactly why.
13 BY MS. O'CONNOR:
14 Q How about a Gmail account, permit.record.
15 search@gmail.com, is that yours?
16 A That sounds like one of mine.
17 Q How about a Yahoo account, record.public@
18 yahoo.com?
19 A That sounds like it could be one of mine.
20 Q Did you use other Yahoo accounts other
21 than that one?
22 A I've got a lot of e-mail accounts that you
23 didn't name, but I can't recall exactly what they
24 were. If I hear them, I would probably be able to
25 tell you whether I remember them or not.
PLEASANTON, GREENHILL, MEEK & MARSAA
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1
Q
What other services do you use for e-mail
2
other than
Gmail?
3
A
I think a service called Mail.com and,
4
gosh, I
don't know.
5
Q
Yahoo, right?
6
A
Yeah, but I didn't like Yahoo but I think
7
I have
used them.
8
Q
So emailfinder.mail.mail@mail.com, is that
9
you?
10
A
Yes, that sounds like me.
11
Q
How about pacificwest.com, the e-mail
12
address
account-information@pacificwest.com?
13
A
Yes, I think I tried that service too.
14
Q
Publicdocsearch@gmail.com, is that you?
15
A
Yeah, that sounds like me.
16
Q
Did you ever tell anyone at the town that
17
you were
the person behind these fictitious names?
18
A
Yes.
19
Q
Tell me about that.
20
A
I can't recall the exact episode, but I do
21
remember telling people that that's me.
22
Q
What people?
23
A
Whoever asked me.
24
Q
And you don't remember specifically anyone
25
asking
you?
PLEASANTON, GREENHILL, MEEK & MARSAA
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1 A I can't remember now as I sit here when
2 that happened, but I do know that I brought that to
3 some people's attention.
4 Q Do you remember when that was?
5 A In the past.
6 Q Do you have any records that would reflect
7 any such communications?
8 A It might be minutes of a public meeting.
9 I'm not sure what other records might have been kept
10 at the time by other people but I don't personally
11 have -- I take that back. I might have
12 correspondence, but I don't know, I don't recall
13 anything right now.
14 Q I looked at the town's public records log
15 this morning. You know that the town maintains a
16 public records log of all the public records
17 requests that are made, right?
is A You're talking about the records that are
19 online?
20 Q well, you know that there's a public
21 records log online that you can look at to see all
22 the public records requests that are made in a given
23 year, correct?
24 A Yes.
25 Q So, for example, there's a log for the
PLEASANTON, GREENHILL, MEEK & MARSAA
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1 year 2013 online?
2 A Yes.
3 Q One for 2014, correct?
4 A Yeah, I remember that.
5 Q And you've accessed those logs online
6 before, haven't you?
7 A I think the town sent me to those logs in
8 the past in response to some record requests.
9 Q Okay. You are also aware that the town
10 maintains a more detailed log that it uses as a
11 business record on a daily basis to track public
12 records requests, right?
13 A You mean a secret log behind the log?
14 Q You and your counsel have requested copies
15 of the town's log that reflects when requests were
16 made and when they're responded to. That's how you
17 knew about the estimates or the fee?
18 A You mean the metadata?
19 MR. MESA: One second. Objection to form.
20 A Yeah, I'm not following -- I know the log
21 has columns and those columns say things like monies
22 due or records been delivered or no record exists,
23 things like that. In other words, classification of
24 any request the way the town chooses.
25
PLEASANTON, GREENHILL, MEEK & MARSAA
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1 BY MS. O'CONNOR:
2 Q Sure. Let me show you what we'll mark as
3 Exhibit 3 and ask if you recognize this document.
4 (Defendant's Exhibit No. 3 was marked for
5 identification.)
6 A I'm sorry, is there a question?
7 BY MS. O'CONNOR:
e Q Do you recognize this document?
9 A No. I might have seen it before, but it
10 doesn't jump out at me as something I remember.
11 Q When you were talking about the town
12 maintaining a log that has a number of columns
13 including whether a fee is owed, you're talking
14 about a log that looks somewhat similar to what I've
15 given you as Exhibit 3, correct?
16 A Yes.
17 Q And so the log that you were referring to
18 that's maintained by the town, and that would be
19 Kelly Avery in the town today, has more columns than
20 this one, is that right?
21 A Yes.
22 Q And you've seen that log before?
23 A I think it's on the town's website, but
24 yes, I've seen that.
25 Q And what other information does the log
PLEASANTON, GREENHILL, MEEK & MARSAA
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36
1 that Ms. Avery maintains have that you don't see
2 here on Exhibit 3, what other type of information?
3 A well, doing it from memory, I think there
4 were three or four columns of information, but I
5 can't recall except the final column seemed to have
6 text that said money was due or no record existed or
7 responded on X date or case closed or something to
8 that effect, but, again, that's from my shady memory
9 and I can't tell you exactly what the expanded log
10 has.
11 Q Okay. Do you see here on Exhibit 3 that
12 there's a column in the far left that starts with
13 the Number 1?
14 A Yes.
15 Q And on the last page, it ends at Number
16 465?
17 A Yes.
18 Q And the beginning date is August 27, 2013
19 and the ending date is December 28, 2013?
20 A I didn't memorize the ending date. Let me
21 take a look. I think it's 12-28-2013.
22 Q Okay. Do you have any reason to dispute
23 that the town received 465 public records requests
24 from August 27, 2013 through December 28, 2013?
25 A I'm not privy to what goes on in the town
PLEASANTON, GREENHILL, MEEK & MARSAA
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37
1 so I don't know how I can answer that question.
2 Q But as you sit here today, and based on
3 the information available to you including your own
4 records of the requests you've made, do you have any
5 reason to believe that that number is inaccurate,
6 too high, too low or otherwise wrong?
7 MR. MESA: Objection to form.
e A Yeah, I don't have sufficient data to make
9 any comment on the accuracy of this.
10 BY MS. O'CONNOR:
11 Q Okay. So you'd leave it to the town?
12 A I'm sorry?
13 Q I said you'd rely on the town's records in
14 that regard?
15 MR. MESA: Objection to form.
16 A I wouldn't particularly trust the town to
17 tell me an accurate answer given their record.
18 BY MS. O'CONNOR:
19 Q Okay. If we wanted to confirm how many
20 records requests you had made in 2013, what records
21 would you look at to do that, to find out how many
22 records requests you had made in 2013?
23 A I don't see how that's relevant to this
24 litigation, but as a courtesy, I would say that I
25 guess I'd have to go back and start counting the
PLEASANTON, GREENHILL, MEEK & MARSAA
561/833.7811
1 records.
38
2
Q
Based on the documents you have in your
3
e-mail
folders?
4
MR. MESA: Objection to form.
5
BY MS.
O'CONNOR:
6
Q
If you could turn to the second page of
7
Exhibit
3. I direct your attention to September 23,
8
2013.
Do you see the first entry at Number 57?
9
A
Yes, I do.
10
Q
And that requester is identified as
11
archive
inquiry with the associated e-mail address
12
of account-information@pacificwest.com.
Do you see
13
that?
14
A
That's what my sheet says.
15
Q
And you had previously indicated that's an
16
e-mail
account that you use to make public records
17
requests,
correct?
18
A
That looks like one of mine.
19
Q
And further down towards the bottom of the
20
page, similarly
record.public@yahoo.com, that's
21
another
account that you were using, correct?
22
A
Yeah, that looks familiar.
23
Q
So if we see from Number 57 on September
24
23, 2013,
all through Number 114 --
25
A
I'm sorry, you're asking me for Number 57?
PLEASANTON, GREENHILL, MEEK & MARSAA
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1
Q
Through 114.
2
A
Through 114 which is on the fourth page, I
3
guess.
Is that Joel Chandler?
4
Q
Number 115 appears to be Joel Chandler.
5
A
I'm sorry. Okay. I'm looking at Number
6
57 through 114.
7
Q
That would be a total of 58 public records
8
requests, correct?
9
A
I don't know. Want me to do the math?
10
I'll go
get my calculator.
11
Q
It would be about 50 or 60, correct?
12
MR. MESA: Object to the form.
13
A
Yeah, two pages worth. I'm sorry, is
14
there a
question?
15
BY MS. O'CONNOR:
16
Q
Yes. Any reason to dispute that you made
17
some 50
plus public records requests to the town on
18
September 23, 2013?
19
A
I'm assuming that this is accurate so I
20
don't have any reason to dispute it.
21
Q
okay.
22
A
I can't confirm it either without more
23
accurately looking at this.
24
Q
Okay. Let's just go back. if you --
25
because
as you know, there's issues in this case of
PLEASANTON, GREENHILL, MEEK & MARSAA
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40
1 delay. You've claimed that the town has delayed in
2 responding to requests?
3 A I don't think that's one of the counts.
4 MR. MESA: Objection to form. Counsel, we
5 discussed that we were going to try to stick to
6 the facts of the case and you are fully aware
7 there's no delay count in this complaint so I'm
8 not sure what the undue delay count has to do
9 with.
10 MS. O'CONNOR: Let me ask Mr. O'Hare.
11 BY MS. O'CONNOR:
12 Q Your complaint in this case, you aren't
13 bringing a claim against the town asserting that it
14 untimely responded to your public records request,
15 is that what you're telling me?
16 A As I understand it, the purpose of this
17 deposition is discovery and you're asking me for an
18 answer that you already have right here. So this
19 speaks for itself.
20 Q Well, I'll go back to the request and we
21 can see if we can short circuit it, that would be
22 great. Let's go back to Exhibit 2. Actually let me
23 give you the next exhibit.
24 (Defendant's Exhibit No. 4 was marked fox
25 identification.)
PLEASANTON, GREENHILL, MEEK & MARSAA
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41
1 BY MS. O'CONNOR:
2 Q Do you recognize Exhibit 4?
3 A Oh, yes. This is instructions by
4 Mr. Thrasher or whoever sent it to destroy public
5 records.
6 Q Well, let's start, if you could maybe put
7 Exhibit 2 side by side with Exhibit 4. Exhibit 2 is
8 a public records request made by you on April 24th
9 at 4:34 p.m., correct?
10 A Exhibit 2 at the top says April 24, 4:34
11 p.m., so unless it's been doctored, I assume that's
12 accurate.
13
Q
And what
were you asking for in
Exhibit 2?
14
A
It says
it right here.
15
Q
Why don't
you go ahead and read
it into
16
the record.
17
A
Okay. This
is a public records
request --
18
Q
Not the
entire thing, how about
just the
19
bolded
language.
20
A
The bold
language?
21
Q
Correct.
22
A
Itemized
billing for services provided by
23
Jones,
plus mark,
Foster law firm for all
work
24
billed
to the town
during the time period
from
25
January
1st, 2014
through to the date you
received
PLEASANTON, GREENHILL, MEEK & MARSAA
561/833.7811
M
1 this request.
2
Q
okay. And you sought those records in
3
digital
format, is that right?
4
A
You want me to read it into the record?
5
Q
No, I'm just asking you. Does Exhibit 2
6
include
a request that the records be provided in
7
digital
format?
8
A
The request speaks for itself.
9
Q
Okay.
10
A
It's clear on its face.
11
Q
Exhibit 4 is the town's response to your
12
request,
correct?
13
A
I don't know. I have to look at it.
14
Q
Well, let's start at the beginning. Let's
15
look on
the first page of Exhibit 4. This is an
16
e-mail that
you received from Mr. Thrasher, correct?
17
A
This is a copy of what purports to be an
18
e-mail I
received.
19
Q
Let me ask you this: You have all these
20
Gmail accounts.
How do you check them? Do you
21
check them
all every day, every few hours? What's
22
your process
there?
23
A
This is my life now. Yes, I'm on the
24
computer
all the time checking, looking, searching.
25
Q
Okay. Are you employed in any other way
PLEASANTON, GREENHILL, MEEK & MARSAA
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43
1 currently?
2 A Yes. I build artificial reefs, I create
3 sculpture around the country. But for the most
4 part, I spend my preoccupation searching government
5 records.
6 Q How much of your time do you think you
7 spend doing that?
8 A Too much.
9 Q What percentage of your working day do you
10 spend on public records issues?
it A My working day is spent at work. My after
12 hours are spent searching government records.
13 Q Well, Exhibit 2 is a public records
14 request that you made at 4:34 p.m. on a Thursday.
15 Is that work hours for you?
16 MR. MESA: Objection to form.
17 A Depends on when I start.
18 BY MS. O'CONNOR:
19 Q What kind of hours do you keep in your
20 employment?
21 A It depends on the weather. In the
22 summertime when it's hot, I start at five a.m.,
23 start before it gets too hot.
24 Q Do you work a forty -hour work week or how
25 many hours do you work?
PLEASANTON, GREENHILL, MEEK & MARSAA
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44
1
A
I'm self-employed.
2
MR. MESA: Objection to form.
3
A
So it's hard to distinguish what
a work
4
week is.
It's 24 hours a day basically.
5
BY MS. O'CONNOR:
6
Q
And is all of your employment for
the
7
entity,
Pine Grove Designs, LLC?
8
A
No.
9
Q
Do you have other corporate entities
that
10
you work
for?
11
A
Yes, that I work under, in conjunction
12
with.
13
Q
What axe the hours at Town Hall,
do you
14
know?
15
A
I think people here work maybe --
I don't
16
know.
17
Q
Officially it's nine to four, is
that
18
right?
19
A
Nine to four?
20
Q
Correct.
21
A
Okay. If you say so.
22
Q
I read it on the town's website.
23
A
But according to Ms. Taylor just
before
24
the deposition,
she's starting 4:30 in the
morning
25
sometimes.
PLEASANTON, GREENHILL, MEEK & MARSAA
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45
1
Q
Do you know if town employees -- strike
2
that.
So assuming that Town Hall closes at
3
4:00 p.m.,
your request made on April 24th was made
4
after Town Hall closed, 4:34 p.m., is that right?
5
MR. MESA: Objection to form.
6
A
You mean when they lock the doors or when
7
they stop
working?
8
BY MS.
O'CONNOR:
9
Q
The routine hours of the staff at Town
10
Hall.
11
A
I'm sorry to split hairs but routine means
12
customary
hours. No, I get responses from Ms.
13
Taylor
sometimes as late as 8:00, 9:00, 10:00
14
o'clock
at night.
15
Q
Do you know if she's getting paid for
16
doing that?
17
A
I sure hope you're paying her, I mean the
18
town is
paying her. Are they not paying her?
19
Sorry,
I can't ask a question.
20
Q
The response you got came the very next
21
morning
at 9:27 a.m., is that right?
22
A
I don't know. What are you referring to?
23
Q
Exhibit 4, the front page.
24
A
Yes, 9:27 is what it says on Exhibit 4.
25
Q
Let's look at the substance of the
PLEASANTON, GREENHILL, MEEK & MARSAA
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46
1 response if we could on the next page.
2 A I don't know if this came from Ms. Taylor.
3 Sorry, go ahead.
4 Q Okay. If we could look at the substantive
5 response that was sent to you on the next page.
6 Well, in fact, let me ask you that. You had
7 indicated this was a response from Mr. Thrasher but
8 do you know in fact whether Mr. Thrasher drafted
9 this response or whether someone else on the town's
10 staff did?
11 A I didn't say it was from Mr. Thrasher.
12 I'm just saying I don't know for sure if it was from
13 Ms. Taylor.
14 Q Okay. And this response advised you that
15 the records you had requested just the night before
16 were available on the town's website. Do you see
17 that?
18 A Be advised these records are now available
19 on the town website and I should go to
20 gulf-stream.org, I want to... find a town record.
21 Unless we hear back from you, we consider this
22 matter closed.
23 Q Are you aware of the fact that the town
24 had obtained a laserfiche program in early 20147
25 A What's it called?
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1 Q Laserfiche.
2 A No, I don't know about that.
3 Q Were you aware that the town significantly
4 upgraded its storage of electronic files in early
5 2014?
6 A You're talking about money that I was
7 blamed for them spending? Yeah. I heard that they
8 spent a lot of money creating a record department.
9 Q Well, you were aware that public records
10 that previously you had to request and you received
11 in hard copy were beginning in early 2014 now being
12 made available to you online, is that right?
13 A At what point in time are you asking me I
14 was aware of this?
15 Q Early 2014.
16 A 2014. That might be correct. I don't
17 remember.
18 Q As you sit here today, you're quite
19 familiar with the town's website and the process for
20 accessing public records and folders under this
21 I -want -to -find -a -town -record feature on the town's
22 website, is that right?
23 A Exactly why I don't ask for as many
24 records as I used to because now I can find them on
25 my own for the most part.
PLEASANTON, GREENHILL, MEEK & MARSAA
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1 Q Do you recall whether prior to April 25,
2 2014, you had accessed that
3 I-want-to-find-a-town-xecord function on the town's
4 website?
5 A That's possible.
6 Q Okay. And you had been on the town's
7 website before this, correct?
8 A Oh yes, from day one.
9 Q And you often search for records on your
10 own, isn't that right?
11 A Palm Beach Property Appraiser's office,
12 myflorida.gov, yes.
13 Q How about the Town of Gulf Stream website?
14 A Town of Gulf Stream, I would go looking
15 for records too.
16 Q Okay. Now, the town's initial response
17 didn't tell you the specific folder in which the
18 records were located, is that right, if you look at
19 the response?
20 A It basically said there's a library, go
21 find your own book.
22 Q Let's look at the next e-mail in the chain
23 which is your response which we will mark as Exhibit
24 5.
25 (Defendant's Exhibit No. 5 was marked for
PLEASANTON, GREENHILL, MEEK & MARSAA
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1 identification.)
2 BY MS. O'CONNOR:
3 Q This is an e-mail dated April 25, 2014
4 sent at 1:37 p.m. from Bill Thrasher to Janto
5 Djajaputra.
6 MR. MESA: Do you have a copy for me,
7 counsel?
8 MS. O'CONNOR: Yes.
9 BY MS. O'CONNOR:
10 Q And actually I direct your attention to
11 the middle of the page. You see there's an e-mail
12 that you sent to Mr. Thrasher at 1:27 p.m. Do you
13 see that?
14 A Yes.
15 Q So at some point on April 25, 2014 prior
16 to 1:27 p.m., you checked this particular Gmail
17 account and saw Mr. Thrasher's response, is that
is right?
19 A I believe I did as soon as I gat his
20 e-mail or her e-mail, whoever.
21 Q So you would have seen his e-mail
22 relatively soon after he sent it at 9:27 a.m., is
23 that right?
24 A Yes.
25 Q And you advised Mr. Thrasher that you
PLEASANTON, GREENHILL, MEEK & MARSAA
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1 were -- or you advised the town that you were
2 confused by its response, is that right?
3 A Yeah.
4 Q You were confused because he hadn't
5 identified, that the town hadn't identified a
6 specific location fox you to find these records, is
7 that right?
8 A This speaks for itself. I'd be happy to
9 read it if you like.
10 Q well, why were you confused?
11 A I do not find the full production of
12 public records, in quotes, that you claim your
13 e-mail provides. Please explain.
14 Q Do you recall sitting here today over a
15 year later whether before you sent this e-mail at
16 1:27 p.m., you had gone on the town's website and
17 tried to find these records?
18 A I can't recall, but I would assume that I
19 would have because I'm not in the habit of writing,
20 taking up anybody's time without first making sure
21 I've done all I can to find what I'm looking for.
22 Q At the top of the page, we see that
23 Mr. Thrasher responded to you just ten minutes
24 later. Do you see that?
25 A Yeah. There's a three-page message
PLEASANTON, GREENHILL, MEEK & MARSAA
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1 without any salutations, but I guess that's
2 Mr. Thrasher's response.
3
Q
I'm sorry, I don't see a three page --
4
A
Three lines, I'm sorry.
5
Q
And the town provided you detailed
6
information on where to find the records that you
7
sought?
8
A
Yes.
9
Q
Okay.
10
A
And it's identical to what I did after
11
receiving the e-mail, went to those very same
12
places.
13
Q
You had already gone to finance and then
14
accounts
payable and invoices?
15
A
Oh, yes.
16
Q
And you didn't find the Jones, Foster
17
invoices?
18
A
No. Neither did other people I asked to
19
check because
I didn't want to jump to conclusions
20
or maybe
the inadequacy of my own computer.
21
Q
And this was on April 25, 2014?
22
A
I can't recall exactly when.
23
Q
Well, this is important, Mr. O'Hare.
24
A
It's all important, but I'm just telling
25
you I don't
recall.
PLEASANTON, GREENHILL, MEEK & MARSAA
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1 Q On these dates when you were having these
2 e-mail communications with the town, did you
3 actually go on the town's website and go to find a
4 town record, then finance, then accounts payable, go
5 to the folder entitled invoices, select a year and
6 look for the Jones, Foster invoice, did you do that
7 on April 25, 2014?
8 A I'm going to repeat again I do not
9 remember, but it would have been in my character to
10 do just that.
11 Q Okay. Do you have any records that would
12 reflect whether you did that on April 25, 20147
13 A Maybe the hard drive to the computer, but
14 I can't say that my hard drive is any different than
15 the town's hard drive so maybe perhaps those records
16 aren't there.
17 Q You and I are both aware that e-mail has
18 associated metadata, correct?
19 A That's what I was taught to believe, but
20 from your correspondence recently, I guess that's
21 not true.
22 Q Did you have any communications with
23 Mr. Roeder about this request?
24 A I believe I asked some people to try.
25 Q What people?
PLEASANTON, GREENHILL, MEEK & MARSAA
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1 A I don't recall exactly who, but there were
2 some people I asked to go and find that record
3 themselves in case something I was doing wrong and
4 they tried to.
5 Q Would you have asked them in writing or
6 verbally?
7 A I don't recall.
8 Q So if we asked you to produce any
9 communications that you had with other people
10 wherein you asked them to go find these records, you
11 could produce those if there were such documents?
12 MR. MESA: Objection to form.
13 A I could look.
14 BY MS. O'CONNOR:
15 Q And you haven't destroyed any e-mails that
16 might relate to this lawsuit, correct?
17 A I'm not in the habit of destroying things.
18 Q And you are aware that Gmail and other
19 e-mail accounts like that have routine records
20 destruction time lines, correct?
21 A No, I wasn't aware of that.
22 Q Okay. How far back do you have Gmail
23 e-mails?
24 A How far back did I use them?
25 Q No. Like if you went into your Gmail
PLEASANTON, GREENHILL, MEEK & MARSAA
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1 accounts today, are you aware of how fax back your
2 e-mails go in time?
3
A
To the creation of the account.
4
Q
Great.
5
A
I'm assuming.
6
Q
Do you remember asking Mr. Roeder to go on
7
the town's website and try to find these documents?
8
A
I think that's privileged.
9
Q
It's a yes or no question.
10
A
I don't remember but it's possible. But
11
again,
Mr. Roeder is my attorney.
12
Q
So the bottom line is you don't have any
13
specific recollection of going on the town's website
14
on April 25, 2014 to access these records, is that
15
right?
16
MR. MESA: Objection to form.
17
A
No, I believe I probably did.
18
BY MS.
O'CONNOR:
19
Q
Based on your character or because you
20
have a
specific memory of doing so?
21
A
our little dialogue here is refreshing my
22
memory
and the more I think about it, the more I
23
think yes, I did.
24
Q
Well, let's look at your next response,
25
your follow-up which we'll mark as Exhibit 6.
PLEASANTON, GREENHILL, MEEK & MARSAA
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1 (Defendant's Exhibit No. 6 was marked for
2 identification.)
3 BY MS. O'CONNOR:
4 Q Do you see now at the top of the e-mail
5 string we've added an e-mail from you back to
6 Mr. Thrasher at 2:05 p.m. on April 25, 20147
7 A Yes.
8 Q And it says: Dear custodian of records,
9 this sounds very complicated, period.
10 A Yes. For some reason, these e-mails are
11 not identical but I'm assuming that it's some
12 computer glitch that makes them look different. But
13 yes, it was very complicated.
14 Q Well, you're not telling Mr. Thrasher that
15 you were unable to find the records, you're telling
16 him that the manner of trying to access them sounded
17 like it was complicated.
18 A And I believe this was a polite way of
19 complaining. I mean, I asked for a public record.
20 Give me the public record.
21 Q You really would have preferred if they
22 had attached like a PDF of the invoices, correct?
23 A It would have been more convenient and
24 maybe more responsive to state statute, but I think
25 I searched for the record and went through all the
PLEASANTON, GREENHILL, MEEK & MARSAA
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56
1 hoops and hurdles and couldn't find it and then
2 complained to Mr. Thrasher that it was complicated.
3 Q But you never told him or anyone at the
4 town on April 25th that you had gone on the website,
5 you had followed their instructions and were unable
6 to locate the documents, is that right?
7 A This is as of 2:05. I don't know what
8 you're going to spring on me next, but I can't
9 remember now if anything happened after 2:05.
10 Q But at 2:05, what you're telling the town
11 is that the method of accessing these records sounds
12 complicated to you, sounds like it's a pain in the
13 butt, right?
14 A I thought it was unduly burdensome.
15 Q But looking at this, would you agree with
16 me that at least as of 2:05, your response suggests
17 that you had never actually gone to try it, you were
18 just thinking it sounded complicated?
19 MR. MESA: Objection to form.
20 A Well, I had a number of sentiments I felt
21 at the time but this was the most polite one I could
22 send to the town.
23 BY MS. O'CONNOR:
24 Q Your vague belief that you accessed,
25 attempted to access these records on the town
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1 website, you don't know whether that happened before
2 or after 2:05 p.m., right?
3 MR. MESA: Objection to form.
4 A Are you asking me to agree that my belief
5 is vague? I mean, it sounds like a Bob Sweetapple
6 play here.
7 BY MS. O'CONNOR:
e Q You don't have any specific recollection
9 of going on the town's website before 2:05 p.m. on
10 April 25, 2014, and following the directions that
11 were provided to you in the 1:37 p.m. e-mail to find
12 the records you sought, is that right?
13 A I remember not being able to access, find
14 that record and talking to some other people and
15 complaining and asking them if they could and the
16 end result being that nobody could.
17 Q And that was at some point before you
18 filed the lawsuit, right, not necessarily on
19 April 25th?
20 A I wouldn't have filed a lawsuit unless I
21 felt I didn't get the responsive record.
22 Q Okay. So what you're saying is prior to
23 filing the lawsuit, you probably went online and
24 tried to actually access the records?
25 MR. MESA: Objection to form.
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1 A I filed the lawsuit because I didn't get
2 the record.
3 BY MS. O'CONNOR:
4 Q And you would have, because it's in your
5 nature, you wouldn't have filed the lawsuit unless
6 you had gone online to actually try to find the
7 records at some point before you filed the lawsuit?
8 MR. MESA: Objection to form.
9 A I take lawsuits very seriously and I would
10 not have filed a lawsuit unless I felt there was a
11 reason.
12 BY MS. O'CONNOR:
13 Q Okay. But as you sit here today, you
14 don't specifically remember what day it might have
15 been that you went on the town's website to try to
16 access these records, is that right?
17 A Let's see. 2014, in April, was --
18 Q If it helps your recollection, you filed
19 the lawsuit on June 6th.
20 A Yeah, but I'm looking at how long ago that
21 was and I can't tell you what I did the day before,
22 I can't tell you what I did the day after, but my
23 recollection now is that at the time the response
24 was received by the town, I tried to find the record
25 and I couldn't get it.
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1 MR. MESA: Counsel, whenever you have a
2 chance, can we take a quick break?
3 MS. O'CONNOR: Sure. That's fine. Go
4 ahead.
5 (Brief recess.)
6 BY MS. O'CONNOR:
7 Q Mr. O'Hare, if you could look at Exhibit
8 No. 6. The e-mail at the top, the 2:05 p.m. e-mail
9 from you to Mr. Thrasher, is it the last
10 communication -- strike that. Did you have any
11 other communications with the town about this
12 records request subsequent to this 2:05 p.m. e-mail
13 prior to filing the lawsuit?
14 A Did I have any after 2:05 prior to the
15 lawsuit?
16 Q Correct.
17 A I don't remember.
18 Q After you told the town that it sounded
19 complicated.
20 A I don't remember.
21 Q You don't recall whether you ever called
22 the town, called Ms. Defosse or Ms. Taylor or Mr.
23 Thrasher to follow up prior to filing the lawsuit?
24 MR. MESA: Objection to form.
25 A I do not remember.
PLEASANTON, GREENHILL, MEEK & MARSAA
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1 BY MS. O'CONNOR:
2
Q
Okay. If we could look back to that
3
amended
complaint which I think is the first
4
exhibit,
Paragraph 18.
5
A
This would be Exhibit 1 you're talking
6
about?
7
Q
Correct, Paragraph 18 of the complaint.
8
That's Page
3.
9
A
Page 3, Paragraph 18.
10
Q
Yeah. If you could take a minute and read
11
that paragraph?
You don't need to read it out loud.
12
A
Okay. This brings back memories.
13
Q
Okay. So tell me what you know about an
14
attorney
for the O'Boyle Law Firm attempting to
15
access the
invoices on May 28th, 2014?
16
A
I know about an attorney from the O'Boyle
17
Law Firm
attempting to access these invoices that
18
are requested,
just as it says here.
19
Q
Which attorney?
20
A
I don't recall.
21
Q
How did it come about that an attorney for
22
the O'Boyle
Law Firm was trying to access the
23
invoices
that you had sought a month before?
24
A
How did it come about?
25
Q
uh-huh.
PLEASANTON, GREENHILL, MEEK & MARSAA
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6]
1 A I don't exactly recall.
2 Q You said that it was part of your practice
3 to forward the public records requests you make to
4 your attorney. You remember that?
5 A I'm sorry?
6 Q You said it was part of your practice to
7 forward the public records requests you make to your
8 attorney. Do you remember that testimony?
9 A Not that I make. Just when they're
10 completed with responses or a lack of response, I
11 would hand that over to Mr. Roeder.
12 Q Well, if there was a lack of response, how
13 could the request be deemed completed?
14 A When I say lack of response, I mean the
15 town may say to me the record doesn't exist, we
16 consider this matter closed, or the town could say
17 here's a three-day letter response, we'll get to it
18 in three days, and then 16 months go by and I might
19 consider that closed and hand it over to Mr. Roeder.
20 Q So is it kind of a case by case basis as
21 to when you determine to forward it to Mr. Roeder,
22 the records request?
23 MR. MESA: Objection to form.
24 A It never occurred to me to do it.
25
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1 BY MS. O'CONNOR:
2 Q I had understood, and I just want to
3 clarify, I had understood from your testimony that
4 as soon as or shortly thereafter you made the public
5 records request that you then sent it to Mr. Roeder?
6 A If I gave that impression, that's not
7 accurate.
8 Q So it would be some point later down the
9 line when you received some kind of response from
10 the town, whether an acknowledgment or a substantive
11 response, that you would forward kind of the package
12 of materials to Mr. Roeder?
13 A It would depend on the circumstances of
14 the particular request.
15 Q And then if you sent a clarification and
16 there was further follow-up from the town, would you
17 then kind of supplement what you had sent Mr. Roeder
18 previously and say here's some more material
19 relative to the public records request I made on X
20 date?
21 MR. MESA: Objection. What she's asking
22 you would be privileged between you and your
23 attorney.
24 BY MS. O'CONNOR:
25 Q I'm not asking you what you told him. I'm
PLEASANTON, GREENHILL, MEEK & MARSAA
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1 just asking you sort of what your process was.
2 A We had numerous correspondence back and
3 forth and I don't think there was a specific
4 process.
5 Q Paragraph 18 of your complaint suggests
6 that at some point, an attorney for the O'Boyle Law
7 Firm became aware that you had made this public
8 records request that's Exhibit 2, right?
9 A I communicate with all my attorneys, yes.
to Q Do all of the public records requests sort
11 of go through Mr. Roeder first and then to other
12 attorneys or would there be some that go straight to
13 attorneys at the O'Boyle Law Firm and bypass
14 Mr. Roeder completely?
15 MR. MESA: Objection to form.
16 A I couldn't say. I don't think there was a
17 particular process.
18 BY MS. O'CONNOR:
19 Q So as you sit here today, on this
20 particular public records request, do you recall
21 whether you in fact ever communicated with
22 Mr. Roeder about this one?
23 A I'm sorry, I didn't catch the beginning of
24 that.
25 Q Do you recall on this public records
PLEASANTON, GREENHILL, MEEK & MARSAA
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1 request whether you ever communicated with
2 Mr. Roeder about it prior to filing the lawsuit?
3 A I don't recall.
4 Q And did you communicate with someone at
5 the O'Boyle Law Firm about this request?
6 A I think so, but I can't recall
7 specifically the circumstances.
8 Q How did it come about to your knowledge
9 that an attorney at the O'Boyle Law Firm was
10 attempting to access these invoices?
11 A How did it come about?
12 Q Sure. Why were they doing that?
13 A I'd be assuming if I gave you an answer,
14 but probably because we had some communication.
15 Q Would you have forwarded your
16 communications with the town up through the 2:05
17 p.m. e-mail on April 25, 2014 to the O'Boyle Law
18 Firm and said can you look at this and see if it
19 merits filing a lawsuit?
20 A That's probably how it happened, but I
21 can't recall exactly.
22 Q Okay. So when you said that prior to
23 filing this lawsuit, you or someone on your behalf
24 would have tried to access the records on the town's
25 website, that's what happened on May 28th, 2014, is
PLEASANTON, GREENHILL, MEEK & MARSAA
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1 that right?
2 A I'm sorry. You asked me if it happened on
3 that date?
4 Q Your complaint identifies one specific
5 instance when you or someone acting on your behalf
6 attempted to access these records and that was on
7 May 28th, 2014.
8 A Well, it says here on May 28th, an
9 attorney working for the O'Boyle Law Firm attempted
10 to access the invoices, and I am assuming because it
11 references Exhibit D, that that's their proof that
12 there was no listing for Jones, Foster in the area
13 where I was directed to go.
14 Q There was no listing for Jones, Foster on
15 May 28th, 2014?
16 A I have to look at Exhibit D to answer that
17 question and assume it's accurate.
18 Okay. This is a snapshot of the town's
19 website, snapshot being a screen shot.
20 Q on what date?
21 A At the bottom it says 11:34 a.m. at
22 5-28-2014 and then the one below it says 11:35 a.m.
23 on 5-28-14. The text in the box has L for
24 miscellaneous and below that is Lowe's which I
25 imagine is Lowe's Department Store, and then the
PLEASANTON, GREENHILL, MEEK & MARSAA
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m
I next page underneath of the exhibit says Jupiter
2 Environmental and Jupiter Environmental 3-11, but no
3 Jones, Foster.
4 Q May 28th is more than one month after --
5 A I'm sorry, there's more pages to this.
6 Q Sure.
7 A Then there's L listings, J listings. All
8 these are dated 11-28 and they pretty much speak for
9 themselves.
10 Q We can agree that there's no entry for
11 Jones, Foster on this May 28th, 2014 printout,
12 correct?
13 A I do not see the name Jones, Foster on any
14 of these screen shots.
15 Q And May 28th, 2014 is more than one month
16 after the town advised you how to locate the records
17 on its website, is that right?
18 A I don't know. I'd have to look at the
19 dates.
20 Q Other than this Exhibit D to the amended
21 complaint, these screen shots dated May 28th, 2014,
22 do you have any other documentation that would
23 suggest that the records that you sought were not
24 available to you between April 25th, 2014 and
25 May 28th, 2014, during that interim period?
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1
A
I'd have to look. I don't know offhand.
2
Q
You probably would have attached it to
3
your complaint,
wouldn't you, if you had such
4
documentation?
5
MR. MESA: Objection to form.
6
A
You're asking me to comment on the legal
7
acumen
of my attorneys?
8
BY MS.
O'CONNOR:
9
Q
Where would you look?
10
A
I'm sorry?
11
Q
Where would you look to find out if you
12
had any
documentation to reflect whether these
13
records
were or were not located on the town's
14
website
between April 25th when the town responded
15
to your
request and told you they were available and
16
May 28th, 2014?
17
A
I'd have to look through my records.
18
Q
Okay. So if we made a request to you, you
19
could look through records and respond accordingly?
20
A
Are you asking me a question?
21
Q
Yes.
22
A
If you make a request to me, I will
23
respond
to it.
24
Q
But as you sit here today, and it's been
25
some time since this lawsuit was filed, over a year,
PLEASANTON, GREENHILL, MEEK & MARSAA
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1
correct?
2
A
Yeah. It's been a year
since this was
3
filed for
a simple record request.
4
Q
You're not aware of any
documentation that
5
you possess
that show whether or not those records
6
had been
available to you at least
at some point
7
during the
period beginning April
25, 2014 when the
8
town told
you they were on its website?
9
MR. MESA: Objection to
form.
10
A
I'm not aware. I'm not
aware they don't
11
exist.
12
BY MS. O'CONNOR:
13
Q
Let's look at what I've
marked as Exhibit
14
7.
15 (Defendant's Exhibit No. 7 was marked for
16 identification.)
17 BY MS. O'CONNOR:
18 Q Let me ask you, are you aware that there
19 came a time that the town ceased posting invoices
20 from its lawyers on its website?
21 A I know that they don't post them today, at
22 least that I've been able to find.
23 Q Well, because they've produced them to you
24 and they haven't required you to access those
25 records on the website, they've produced them to you
PLEASANTON, GREENHILL, MEEK & MARSAA
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M
1
in PDF format, correct? You've asked for lawyer
2
invoices,
isn't that right, in the last year?
3
A
Yes.
4
Q
And how have they been produced to you?
5
A
I don't really recall.
6
Q
You didn't have to go through this process
7
of accessing
them online though, did you?
8
A
Well, the town still uses that custom of
9
sending me on these searches on my own.
10
Q
But not for the lawyer invoices?
11
A
I don't recall. I do know that there are
12
lawyer invoices
on the website right now if you know
13
where to
look.
14
Q
okay. Where is that?
15
A
I believe it's in the archive of public
16
record requests.
I think I've seen them there, but
17
it's been
a while since I've accessed that.
18
Q
In responses to old public records
19
requests?
20
A
I think I might have seen them there.
21
Q
Did you ever try to access these
22
particular
invoices that are the subject of Exhibit
23
2 in this
archived public record requests location?
24
A
Yeah, I believe I searched all over the
25
town's website for information.
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1 Q And didn't find anything on these
2 particular --
3 A I didn't look at every single URL page.
4 You know, there's only so many hours in the day.
5 Q Do you recall receiving this letter that
6 I've marked as Exhibit 7?
7 A I'm sorry, could you say that again?
8 Q Do you recall receiving this letter that I
9 marked as Exhibit 7 on August 6, 2014?
10 A I don't dispute that I received it but I
11 don't remember it.
12 Q Do you see where the town advises you that
13 the records you had sought were available on the
14 town's website at the time the town responded to
15 your request and for a reasonable period thereafter?
16 A I'm sorry, where are you reading from?
17 Q The third sentence of the letter.
18 A I see the third sentence and I see it says
19 for a reasonable period thereafter. Yes, I see
20 that.
21 Q Other than the May 28th, 2014 screen shot,
22 do you have any records that would suggest that this
23 is not correct, i.e. that the records were not
24 available on the town's website on April 25th, 2014
25 and for a reasonable period thereafter?
PLEASANTON, GREENHILL, MEEK & MARSAA
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1 MR. MESA: Objection to form.
2 A I couldn't find the records on April 25th
3 and I don't know what a reasonable period means.
4 But, no, I don't see any proof here that the records
5 ever existed.
6 BY MS. O'CONNOR:
7 Q Let's go back to this. There's been a
8 number of things today that you haven't been able to
9 recall. You haven't been able to recall a number of
10 things today because you said it's been over a year
11 since they happened, but you strangely are recalling
12 that on April 25, 2014, you accessed the town's
13 website and tried to find these records. Is that
14 what you're telling me?
15 MR. MESA: Objection to form.
16 A I don't remember saying strangely or
17 anything I said was strange.
18 BY MS. O'CONNOR:
19 Q As you sit here today under oath, are you
20 saying you have a specific recollection, and this is
21 important, of going on the town's website on
22 April 25th, 2014, following the instructions that
23 had been provided in the 1:37 p.m. e-mail and
24 attempting to locate those records?
25 A It is important and I'm telling you
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1 emphatically that I followed the instructions. They
2 were complicated and I admit I was irritated by
3 having to go searching, but I did look to the best
4 of my ability. I could not find the record.
5 Q On that date?
6 A I'm sure in the course of preparing for
7 this, I looked many times.
8 Q And you're telling me that one of those
9 times was on April 25, 2014?
10 MR. MESA: Objection to form.
11 BY MS. O'CONNOR:
12 Q You're sure of it?
13 A Are you telling me that it was on there
14 for -- I'm sorry, I can't ask you questions. I'm
15 sure that I looked as soon as I got that e-mail.
16 Q So if someone on the town staff is going
17 to testify in this case that those records were
18 there, if you followed those instructions on
19 April 25, 2014, and you're a pretty computer savvy
20 guy, your testimony is that that is incorrect
21 because you checked and they weren't there?
22 MR. MESA: Objection to form.
23 A Yeah. I would hope you've got more honest
24 people than that working here.
25
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1 BY MS. O'CONNOR:
2 Q You're aware that there is a point in time
3 that the town did have invoices of its lawyers
4 online at some point in time, correct?
5 A Sporadically I've come across them.
6 Q And at some point in time, those invoices
7 were deliberately taken off the town's website?
8 A I don't have knowledge of whether it was
9 deliberate, accidental, lightning strike. I don't
10 know.
11 Q I think you just testified earlier that
12 you did understand that at some point they were
13 taken off the website, how ever or why ever?
14 A Taken off, no longer there, deliberately
15 removed, I don't know that.
16 Q Okay. On August 6, 2014, can we agree
17 that the town provided to you all records that were
18 responsive to your Exhibit 2 request?
19 A How do you figure that?
20 MS. O'CONNOR: Let's mark these as Exhibit
21 8 and 9.
22 (Defendant's Exhibit Nos. 8 and 9 were
23 marked for identification.)
24 BY MS. O'CONNOR:
25 Q Do you see the last paragraph of the
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1 letter, the last line?
2
A
It says: Attached to this letter is an
3
e-mail
attaching the full production of public
4
records
you requested in electronic format,
5
August
6th, but there's no attachment -- hold on a
6
second.
7
Q
This is Exhibit 8.
8
A
I don't see an attachment to this e-mail.
9
Q
Can you take a look at Exhibit 8, please.
10
Let's start
with the e-mail on top. Do you see it's
11
an August
6, 2014 e-mail sent at 5:05 p.m. from Bill
12
Thrasher's
e-mail address to you?
13
A
That's what this says.
14
Q
And it indicates there's two attachments,
15
correct?
16
A
GS849 and GS849, yes.
17
Q
And right behind the cover page is the
18
letter
that we had just marked as Exhibit 7. Do you
19
see that?
20
A
Yes.
21
Q
The August 6th letter?
22
A
Yes.
23
Q
So Exhibit 8 is the e-mail that
24
transmitted
that August 6th letter to you, correct?
25
A
The one that tells me to destroy the
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1 records, yeah. Yes, I see Exhibit 8 is an e-mail
2 cover to the attached letter of August 6th.
3 Q And then there are also numerous invoices
4 provided to you as attachments to this August 6th
5 e-mail, correct?
6 A That's what's underneath this Exhibit 8.
7 Q Have you ever seen these before?
e A Without looking at every page, I
9 couldn't -- I've probably seen it.
10 Q And you say you check your e-mails
it routinely so you would have opened this e-mail close
12 in time to when it was sent, is that right?
13 A I'm assuming, but I don't have a
14 recollection of this. No, I can't say for sure.
15 Q Okay. I'm going to give you what I've
16 marked Exhibit 9 and I want you to please look
17 through Exhibits 8 and 9 and we'll wait as long as
18 it takes you and tell me if these are all the
19 records that were responsive to your public records
20 request.
21 A I'm sorry, I don't know what I'm looking
22 at here. These say Exhibit 8 and 9. Is 9 different
23 than 8?
24 Q The e-mail indicates Part 1, the Exhibit 8
25 e-mail Indicates Part 1 and the Exhibit 9 e-mail
PLEASANTON, GREENHILL, MEEK & MARSAA
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I
indicates
Part 2. it looks like they were too large
2
to send in one e-mail.
3
A
I see that now, but I can't tell you if
4
this is a
complete response to my request.
5
Q
Do you recall what you did when you
6
received
this response from the town, the
7
supplemental
response?
8
A
No.
9
Q
At this point in time, you had already
10
filed the
lawsuit, correct?
11
A
Yes. This was after the fact.
12
Q
So do you recall whether you just
13
immediately
forwarded this response to your lawyers
14
or would
you have taken the time to kind of look
15
through it
knowing that a lawsuit had been filed?
16
MR. MESA: Objection to form.
17
A
I don't recall.
18
BY MS. O'CONNOR:
19
Q
These were documents you wanted to receive
20
from the
town, correct?
21
A
Yes.
22
Q
But you, sitting here today, don't
23
remember
whether you even opened the attachments, is
24
that right?
25
A
I don't recall, but I can say that many
PLEASANTON, GREENHILL, MEEK & MARSAA
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1 times my requests were for timely, the need, and I'm
2 not sure it was still timely at the time I finally
3 got it.
4 Q But, again, at no point in time before you
5 filed this lawsuit in June of 2014 did you ever
6 write or call the town and say I'm not able to
7 access these records, did you?
8 A I don't recall if I spoke to Rita or not
9 inside Town Hall here so frequently.
10 Q You just don't recall?
11 A Not at this time.
12 Q You think you might recall at some point
13 in the future?
14 A I'm not clairavoyant.
15 Q Is there something that might refresh your
16 recollection?
17 A I'm sure if I saw something that refreshed
18 it, it would refresh it.
19 Q Any notes or documents you keep that might
20 reflect whether you discussed your inability to
21 access these particular records with anyone at the
22 town?
23 MR. MESA: Objection to form.
24 A Could be a document someone else is
25 keeping.
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1 BY MS. O'CONNOR:
2 Q Let's look at your complaint, Paragraph
3 19.
4 A Are you looking at Exhibit 1?
5 Q I'm just looking at Paragraph 19 of the
6 complaint. Mr. O'Hare, actually if you could
7 just -- what I'm trying to establish here or trying
8 to find out is whether, after receiving Exhibits 8
9 and 9, you still contend that you have not received
10 all the records that are responsive to your public
11 records request that is Exhibit 2 to this
12 deposition?
13 MR. MESA: Objection to form.
14 A I can't say one way or the other right
15 now.
16 BY MS. O'CONNOR:
17 Q Okay. Your amended complaint in Paragraph
18 19 indicates plaintiff has not been able to obtain
19 the requested public records even though he followed
20 defendant's instructions. Do you see that?
21 A Yes, I see that.
22 Q Okay. And the amended complaint was filed
23 in July 2014. Do you see that on the front page at
24 the top?
25 A Exhibit 1 is dated -- I'm sorry, is that
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1 what you're asking mel
2 Q Uh-huh. The amended complaint was filed
3 July 21, 2014. Do you see that at the top?
4 A Oh, I see, yeah. The electronic date
5 stamp, I guess it is.
6 Q After you engage attorneys to file a
7 lawsuit like this one regarding public records that
8 you haven't yet received, do you follow up with them
9 to see if -- strike that. Do you let them know if
10 the town in the interim responds to your request?
it Would you have let them know that you received this
12 response from the town?
13 MR. MESA: Objection to form.
14 A I talk to the attorneys all the time.
15 BY MS. O'CONNOR:
16 Q But you have no specific recollection in
17 this case of whether you forwarded Exhibits 8 and 9
is to your attorneys?
19 MR. MESA: Objection to form.
20 A I can't recall at this time.
21 BY MS. O'CONNOR:
22 Q And you haven't done any analysis of
23 Exhibits 8 and 9 to see whether they're responsive
24 to the request that you made?
25 A I can't recall that.
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1 Q Well, I think we're going to have to take
2 the time for you to look at your request in Exhibit
3 2 and look through Exhibits 8 and 9 and tell me if
4 they appear to be responsive to your request. You
5 want to go off the record for a few minutes and take
6 the time to review it so we don't have to come back?
7 A My response is even if I looked at every
8 single page, how would I know that that's all the
9 pages?
10 Q You know you have an obligation if you
11 bring a lawsuit or a claim and you're claiming that
12 you haven't been provided all the responsive records
13 to give some basis for why you believe there would
14 be more?
15 A I did in the complaint.
16 Q Well, I mean, I understand your position
17 is that at the time you filed the complaint, you
18 were unable to access the records, correct?
19 A Yes, I could not access the records.
20 Q For some reason you couldn't access them
21 or they weren't there.
22 MR. MESA: Objection to form.
23 BY MS. O'CONNOR:
24 Q My question to you though is has the town
25 since responded to your request? Are you telling me
PLEASANTON, GREENHILL, MEEK & MARSAA
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8]
1 you don't really care once you file the lawsuit
2 whether you ever get the records?
3 MR. MESA: Objection to form.
4 A No, that's completely inaccurate. I care
5 very much. The record request was made. I did not
6 get the record. I filed a complaint finally after a
7 while. Then the town responded according to these
8 exhibits and you're asking me if these are complete
9 responses and even if I looked at every single page,
10 not knowing what discovery will hold in the future,
11 I can't tell you if every record is in here. I
12 would hope that it was but, again, do you really
13 want me to look through every page and determine
14 whether the town gave me every record that they have
15 when that's really their responsibility? I have no
16 idea what records they have.
17 BY MS. O'CONNOR:
18 Q Okay. But as you sit here today, and I'm
19 giving you the opportunity to take as much time as
20 you need to look through these records, what I need
21 to know from you is if you have any reason to
22 believe that this is not a full response to your
23 public records request, Exhibit 2?
24 MR. MESA: Objection to form.
25 BY MS. O'CONNOR:
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1 Q Is there anything that's not in here that
2 you think should be here as you sit here today?
3 This lawsuit has gone on for a long time.
4 A I know. I don't know how I would make
5 that determination.
6 Q And you haven't tried to even though these
7 were produced to you back a year ago in August?
8 MR. MESA: Objection to form.
9 A I haven't tried to what?
10 BY MS. O'CONNOR:
11 Q Look and see whether this was responsive
12 to your request.
13 A I still don't understand the question.
14 Q When you received this response on
15 August 6, 2014, since you received this response,
16 you've never taken the time to sit down and see
17 whether these documents are responsive to the
18 request you made in Exhibit 2?
19 MR. MESA: Objection to form.
20 A I don't consider that my responsibility.
21 I consider that when I did get the record, I would
22 look through it for the information I was interested
23 in, but whether I can make a conclusion that the
24 records are all there, I would trust that the
25 custodian of records would give me a complete
PLEASANTON, GREENHILL, MEEK & MARSAA
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1 responsive record, but I can't testify as to whether
2 it's complete or not. I don't have access to all
3 the town's records to know.
4 BY MS. O'CONNOR:
5 Q So it's the town's records that would
6 ultimately determine, you'd agree, whether this
7 response is complete?
8 A I apologize, I can't hear you.
9 Q It's the town's records that would reflect
10 whether these responses are complete or not, not any
11 records you might have that we need to come back
12 here another day to talk about?
13 A You mean like if I already had the record
14 and compared this to my record and then found there
15 was a page missing, is that what you're asking me?
16 Q Mr. O'Hare, this is discovery. I'm
17 entitled to know whether there is anything out there
18 that you have or are aware of that would suggest
19 that this is not a complete response to your public
20 records request?
21 A No, I don't have anything that would lead
22 me to believe that except my history with the town
23 and the response in the past.
24 MS. O'CONNOR: On the timeliness issues, I
25 guess I'm just going to reserve the right to
PLEASANTON, GREENHILL, MEEK & MARSAA
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1
redepose Mr. O'Hare if there are claims made
2
that
the response that was made was ultimately
3
untimely
in some way.
4
THE WITNESS: Is that a question?
5
MR. MESA: No.
6
BY MS. O'CONNOR:
7
Q
All right. Let's talk about Count II,
8
Count II
of your complaint here. And this one, I am
9
going to
rely on the attachments to the amended
10
complaint
so if we could look at Exhibit E to the
11
amended
complaint, please.
12
A
I've looked at it.
13
Q
Now, Count II appears to involve, and
14
we'll kind
of walk through it, try to figure out,
15
appears
to involve two different public records
16
requests
that you made to the town, is that right?
17
A
Yes.
18
Q
And the first one is Exhibit E which was
19
made by
you using the e-mail address associated with
20
Rodrigo
Tejera, correct?
21
A
Tejeratejeratejera@gmail.com.
22
Q
That's you, right, we already decided?
23
A
Yes.
24
Q
On April 2nd, 2014, at 8:31 p.m.?
25
A
That's what it says here, yes.
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1 Q And the subject line, can you read the
2 subject line?
3 A This is a public record request.
4 Q For? The subject line.
5 A Public record request for Sweetapple
6 contract.
7 Q And then if you could read into the record
e the second -- well, I guess the third paragraph
9 where it starts, any contract, letter of intention.
10 A Any contract, letter of intention, or any
11 other agreement for representation between the Town
12 of Gulf Stream and Mr. Robert Sweetapple or between
13 the Town of Gulf Stream and any entity providing
14 Mr. Sweetapple's services to the town.
15 Q And let's go ahead and move on to Exhibit
16 F. Well, sorry. Let's go back. Exhibit E, what
17 were you looking for here?
18 A I was looking specifically for any
19 contract, letter of intention or any other agreement
20 for representation between the Town of Gulf Stream
21 and Mr. Robert Sweetapple or between the Town of
22 Gulf Stream and any entity providing
23 Mr. Sweetapple's service to the town.
24 Q So like an engagement agreement you might
25 have with your own personal lawyer, that sort of
PLEASANTON, GREENHILL, MEEK & MARSAA
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1 thing?
86
2 A I'm sorry?
3 Q Like an engagement letter with a lawyer,
4 that's what you were looking for?
5 A Well, it's pretty clear. I said it right
6 here and I was trying to be as specific as possible.
7 My experience has been if I'm not specific, I'm not
8 going to get a record so I try to be specific.
9 Q So let's look at Exhibit F to the amended
10 complaint which is correspondence from the town to
11 you on April 3rd, 2014. Do you see that?
12 A Yes.
13 Q And that's the day after your request was
14 made?
15 A Yes.
16 Q And, by the way, your request was made
17 clearly after hours at 8:31 p.m., would you agree
18 with that?
19 A No. As I've stated before, I've gotten
20 responses back all times of day and night.
21 Q They have been accommodating and
22 responding to you all times of day and night?
23 A I'm sorry?
24 Q The town has been accommodating and
25 responding to you at all times of day and night to
PLEASANTON, GREENHILL, MEEK & MARSAA
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1 your requests?
2
MR. MESA: Objection to form.
3
A
Say that again.
4
BY MS. O'CONNOR:
5
Q
The town has responded to your requests at
6
all times
of day and night, that's what you're
7
saying?
8
A
Sometimes 16 months later but, yes,
9
different
times of day and night.
to
Q
Well, this wasn't 16 months later, it was
11
the very
next day?
12
A
It was a very simple request. Yes.
13
Q
So let's see what the response is, and in
14
this response,
you're advised that no such records
15
exists?
16
A
Be advised no such record exists. This
17
matter is
closed.
18
Q
What did you do when you got that
19
response?
20
A
Probably kicked the dog.
21
Q
Did you have reason to believe that there
22
was a record that was responsive to your request?
23
A
Yes.
24
Q
Why was that?
25
A
Mr. Sweetapple is a savvy lawyer. Who the
PLEASANTON, GREENHILL, MEEK & MARSAA
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1 heck is going to work without some kind of an
2
agreement?
Of course, there's a record. Plus I --
3
well, let's
just say I had reason to believe,
4
different
experiences.
5
Q
So you believed that Mr. Sweetapple had
6
some sort
of engagement agreement with the town?
7
MR. MESA: Objection to form.
8
A
I believed some kind of agreement was out
9
there.
10
BY MS. O'CONNOR:
11
Q
Okay. Let's look at Exhibit G. This is
12
an e-mail
from you to Mr. Thrasher on April 12,
13
2014, correct?
14
A
Yes. It's a follow-up.
15
Q
Sent at 1:00 in the morning on a Saturday,
16
is that right?
17
A
Yeah. It was a late day.
18
Q
And could you read again the subject?
19
A
There's two subjects. The first one --
20
Q
Well, I'm talking about the subject line
21
at the top.
22
A
I'm sorry. Subject says Sweetapple
23
agreement
public records request.
24
Q
Okay. And you -- I'm just trying to speed
25
this along so if you disagree, let me know.
PLEASANTON, GREENHILL, MEEK & MARSAA
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1 A I appreciate that.
2 Q My understanding is that this is a
3 follow-up, you're telling the town, hey, town, I
4 made a request to you and you cite your prior
5 request for a contract, letter of intention or any
6 other agreement. And then you advise, you, town,
7 responded to this request that no record exists.
8 Please allow me to ask again but in a different way.
9 Is that what you were trying to dol You
10 were trying to get, if there was an agreement, you
11 were just trying to see if you could ask for it in a
12 different way so that they would --
13 MR. MESA: Objection to form.
14 A Well, this is a request for another
15 record.
16 BY MS. O'CONNOR:
17 Q What's the other record?
18 A This record is any record of any agreement
19 between Mr. Sweetapple and the town.
20 Q What does that mean?
21 A That means that this is another request
22 for another record similar to the first request, but
23 I am trying to find the secret way of asking where
24 I'll at least get something. Let me back up on
25 that, rephrase it. I asked for records of
PLEASANTON, GREENHILL, MEEK & MARSAA
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X
1 agreements and I was told they don't exist. So then
2 I made another request for records that's a little
3 bit abbreviated from the first.
4 Q As of April, you knew that the Town
5 Commission had met back on March 28, 2014, and voted
6 to engage Mr. Sweetapple, is that right?
7 A If I remember properly, they agreed to an
8 hourly fee and some other conditions and the
9 commission agreed to retain Mr. Sweetapple.
10 Q So the town had agreed to that, but you
11 didn't know whether Mr. Sweetapple had agreed to
12 that, is that right?
13 A I was searching for records because I
14 wanted to find whatever record existed of any
15 agreements between the town and Mr. Sweetapple.
16 Q To find out if he had basically accepted
17 their proposal and what the terms might be?
18 MR. MESA: Objection to form.
19 A I just said what I was looking for.
20 BY MS. O'CONNOR:
21 Q This follow-up on April 12th, you're
22 advising the town please allow me to ask again but
23 in a different way. So you were asking again for
24 any contract, letter of intention or any other
25 agreement, but you were trying to do it in a
PLEASANTON, GREENHILL, MEEK & MARSAA
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I
1 different way that might catch their attention, is
2 that right?
3 A I was asking again because I was told, my
4 first request, no records existed. So now I'm
5 making another request for records hoping these
6 exist.
7 Q Well, the subject line of your April 12th
8 e-mail is almost identical to the subject line of
9 your April 2nd e-mail. You see the April 2nd e-mail
10 asks for public record request for Sweetapple
11 contracts and the April 12th subject line says
12 Sweetapple agreement public records request. So one
13 used contract, the other one used agreement. You're
14 trying to find out if there's a contract or
15 agreement in both of these, isn't that right?
16 A Well, the subject line is a way for me to
17 keep track of the e-mail responses in Gmail and
18 they're different for a reason. But I also consider
19 the subject line to be comparable to what the town
20 calls its caption line in the code in which they say
21 whatever the caption line means, it has nothing to
22 do with what's in the code. The same with me. It
23 has nothing to do with what's in the request, it's
24 just a way to identify the request. it could very
25 well say bozo 1234.
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1 Q Okay. Let's look at this April 12th
2 request. What did you understand would be
3 responsive when you asked for any record of any
4 agreement?
5 A Well, I have to say that like a lot of
6 public requesters, I'm not sure what I'm ever going
7 to get. So you're asking me what would have been
8 responsive. That's up to Ms. Taylor there.
9 Q This request presumes there was an
10 agreement, correct?
11 A I thought an agreement existed, some
12 document, some records and that's what I was asking
13 for.
14 Q Okay. And why did you think an agreement
15 existed? can you give me any specifics for why you
16 thought there was an agreement, a written agreement?
17 A I think I already answered that, but I'll
1s try to say it again the same way. Mr. Sweetapple is
19 a savvy attorney. The town is sophisticated
20 commissioners. You don't enter into an exchange of
21 service and money without some kind of an agreement.
22 I mean, I don't know contract law, but I'm assuming
23 that dealing with the public's money, an agreement
24 is an appropriate mechanism for memorializing the
25 relationship between two parties.
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1 Q once you have accepted the representation,
2 correct?
3 A I'm not sure how that went down.
4 Q You've contracted in your business,
5 correct?
6 A Well, if I had sent Mr. Morgan here on my
7 behalf and said go sell my services to the town, the
8 town said yes, we're going to go for that, I don't
9 know what other records would be out there. I'm
10 asking I want the record of any agreements.
11 Q Right. Let me just ask you this. If
12 someone said I'll pay you six hundred dollars to
13 create this sculpture, that doesn't create an
14 agreement, correct?
15 MR. MESA: Objection to form.
16 A It sounds like you're asking me for a
17 legal conclusion and I wish I was a lawyer. I'd
18 have so much more fun.
19 BY MS. O'CONNOR:
20 Q Let's look at Exhibit H. This is the
21 town's response to you on April 14th advising that
22 no records exist responsive to your supplemental
23 April 12th request.
24 A No, that's not what this is.
25 Q What is this?
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1 A This is a response two days later to my
2 request that I made on April 3rd and on April 2nd,
3 not the one I made on April 14th -- I'm sorry,
4 April 12th.
5 Q This response has the same subject line as
6 your April 12th request, it says public records
7 request, Sweetapple agreement, and it indicates in
8 the first line that it's in response to the public
9 records you've requested in your e-mail dated
10 April 12, 2014. Do you see that?
11 A No, I don't see that at all. I disagree
12 with you. This Exhibit H says regarding public
13 record request, dash, Sweetapple agreement, but my
14 request was subject Sweetapple agreement, no slash,
15 public record request. So they were, to me it seems
16 like April 14th, they were responding to my
17 April 2nd request.
18 Q They had already responded to that
19 request, hadn't they?
20 A That's why I'm so confused. Yeah, they
21 responded and now they're responding again with the
22 same answer.
23 Q Well, you see in the first line of their
24 response in Exhibit H that they say this letter is
25 in response to the public records you have requested
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1 in your e-mail dated April 12, 2014.
2 A Isn't that strange? I'm sorry. I'm
3 asking a question. I think that's strange.
4 Q Did you intend that your April 12, 2014
5 request was a follow-up to your earlier April 2nd,
6 2014 request?
7 A No. As you pointed out, I was reading the
8 wrong one. You made me read the right one and the
9 right one is a different request.
10 Q Well, let me direct your attention to the
11 first line of your April 12th e-mail to the town.
12 could you please read that? Dear custodian of
13 records.
14 A The next line says: I am following up on
15 your response to my earlier inquiry copied here and
16 attached with your previous response. Is that what
17 you want me to read?
1s Q So you're following up on your previous
19 inquiry?
20 A Yes. I'm continuing to search for
21 records.
22 Q So your testimony as we sit here today is
23 that the town has never responded to your April 12,
24 2014 request?
25 A The town did respond, because it says
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1 here, this letter is in response to your April 12,
2 2014 request.
3 Q They responded and they told you there's
4 no records that are responsive, there still aren't
5 any records, even though you asked it a different
6 way, we still don't have any responsive records?
7 MR. MESA: Objection to form.
8 A Okay. They responded by citing my record
9 request from -- pardon me a moment -- April 2nd and
10 telling me there's no records, be advised that no
11 such record exists. They are not responding to my
12 request of April 12th. Now, whether they responded
13 after the fact, I can't testify to that.
14 BY MS. O'CONNOR:
15 Q The town's records reflect that you made
16 two public records requests on April 12th, one in
17 the name of Rodrigo Tejera which is here, the one
18 we're talking about, and another one in the name of
19 Frank Smith. Do you have any reason to dispute that
20 you only made two public records request on
21 April 12, 2014?
22 A I'm sorry. You said Frank Smith. I don't
23 have that here.
24 Q No, I'm just telling you, and we can make
25 this an exhibit, but what I'm telling you is that
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1 the town's records reflect that there were only two
2 public records requests made by you on April 12,
3 2014. Do you have any reason to think that might be
4 wrong?
5 A Only what I've heard in the Town Hall that
6 says I'm making hundreds a day. It sounds weird
7 that I would only make two that day.
8 Q Okay. Well, on that day you only made
9 two, but you don't have any reason to believe that's
10 not correct?
11 A No. I believe you're telling the truth, I
12 hope.
13 Q one of those is the Exhibit G request
14 we've been talking about and another one was in the
15 name of Frank Smith for records of car wash
16 services.
17 A Is that a question?
18 Q No. So when you received this response
19 from the town on April 14th telling you they're
20 responding to the public records you sought in your
21 e-mail dated April 12, 2014 and told you there
22 weren't any such records, you're telling me that you
23 were confused and didn't think that this was a
24 response to your request for records of the
25 Sweetapple agreement?
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I MR. MESA: Objection to form.
2 A Well, I testified, I think if my memory
3 serves me right, you asked me if they responded to
4 my April 12th request and I answered no because they
5 cite the April 2nd request even though it says
6 they're responding to the April 12th. That's kind
7 of confusing to me.
8 BY MS. O'CONNOR:
9 Q Let me ask you this. Let me ask you to
10 look at what you alleged in your complaint. Can you
11 look at your complaint which is Exhibit 1?
12 A Yes, ma'am.
13 Q It might straighten things out.
14 A What page?
15 Q Page 5, Paragraph 32. Paragraph 32 talks
16 about you making a second request on April 12, 2014.
17 Do you see that?
18 A On April 12, upon information that
19 defendant is in fact in possession of at least one
20 document that is responsive which I guess is the
21 reply I'm sorry, I don't understand 32.
22 Q Paragraph 32 suggests, and let me know if
23 I'm interpreting this incorrectly, but 31 basically
24 says that the town on April 3rd had responded to
25 your April 2nd request and told you that there
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1 weren't any responsive records. Would you agree
2 with that?
3 A It says: Defendant responded by informing
4 plaintiff to be advised that no such record exists.
5 That's what this says and it's attached as Exhibit
6 F.
7 Q And that's what you understood, the town
8 had responded to your April 2nd, 2014 request and
9 said we dont have any records that are responsive?
10 A On April 3rd, the town responded we dont
11 have any records.
12 Q So Paragraph 32 suggests that you believed
13 there was at least one document that was responsive
14 to that April 2nd, 2014 request, is that right?
15 A Defendant, that's the town.
16 Q You believed the town had at least one
17 document?
18 A Yeah, at least one, there must have been
19 at least one.
20 Q And that's just based on your
21 understanding or how you believe Mr. Sweetapple
22 practices, not because you knew of a specific
23 document?
24 MR. MESA: Objection to form.
25 A Well, also I know what state statutes
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1 require of municipalities that are handling public
2 money and my attendance at these commission
3 meetings.
4 BY MS. O'CONNOR:
5
Q
Because you believed there was one
6
document,
you made a second records request that was
7
identical
to the first request?
8
MR. MESA: Objection to form.
9
A
That's what it says here. I don't know if
10
I'd agree
with that language sitting here today. I
11
don't believe they're identical. I mean they're not
12
identical.
And I apologize to my attorneys for two
13
different
pieces of paper.
14
BY MS. O'CONNOR:
15
Q
Let's go on to Paragraph 33. On April 14,
16
2014, defendant, the town, responded to --
17
A
I'm sorry, which paragraph?
18
Q
Paragraph 33. I'm going to paraphrase 33
19
so let me
know if you agree. On April 14, 2014, the
20
town responded to your second request and told you
21
via e-mail that no such records exist.
22
A
That is what Exhibit H says, I believe,
23
yes.
24
Q
And you'd agree with that, correct, that
25
Exhibit H
is a response to the second request you
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1 had made on April 12th?
2 A That's what the town writes in this
3 letter.
4 Q Okay. So this idea that the town never
5 responded to your request, the town responded by
6 Exhibit H as you've pled here in your complaint?
7 MR. MESA: Objection to form.
8 A I'm still waiting for the record. I'm
9 sorry, I take that back. I got a letter on
10 April 14th that was --
11 BY MS. O'CONNOR:
12 Q Responsive to your April 12th request?
13 A -- in response to the April 12th letter.
14 Q That we don't have anything, just like the
15 response to your prior request?
16 MR. MESA: Objection to form.
17 A Right. They cite my earlier request.
18 BY MS. O'CONNOR:
19 Q Okay. But as you've pled here, they were
20 responding to your second request that had
21 supplemented that first request and was, as you pled
22 it, identical or nearly identical to the first
23 request?
24 MR. MESA: Objection to form.
25 A Yeah. The complaint speaks for itself,
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1 but we're just going to have to go with what it
2
says.
3
BY MS. O'CONNOR:
4
Q
Did you review the complaint before it was
5
filed?
6
A
It speaks for itself.
7
Q
Let's talk about Paragraph 33 where it
8
says, you
pled on April 14, 2014, defendant
9
responded
to plaintiff's second request. I just
10
want to clarify
there's no issue in this lawsuit
11
about whether
or not the town responded to your
12
second request
on April 14th, 2014?
13
A
Yes, they responded on April 14th
14
following
my April 12th request.
15
Q
And they told you there's no responsive
16
records?
17
A
To my April 2nd request, I think.
18
Q
This says, Paragraph 33, on April 14,
19
2014, defendant
responded to plaintiff's second
20
request,
not to the first request but to the second
21
request.
22
A
Okay.
23
MR. MESA: Objection to form.
24
BY MS. O'CONNOR:
25
Q
I'm not trying to split hairs but it's
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1 important.
2 A That's exactly the phrase I was about to
3 use.
4 Q You haven't pled that there's some kind of
5 response that's never been provided. what you've
6 pled is they responded to both of these requests,
7 told me there aren't any responsive records and I
e think there's responsive records. So I need to
9 understand what this lawsuit is about.
10 MR. MESA: Objection to form if that's a
11 question.
12 A Yes. And to reiterate, you asked me
13 specifically what they were responding to. Yes,
14 they responded to the April 12th, I believe, but
15 they cite my April 2nd request and that's confusing.
16 I can't speak to what's going on in the town's mind.
17 BY MS. O'CONNOR:
18 Q So you knew that they were responding to
19 April 12th, you just weren't quite sure why they
20 were citing that language from the April 2nd?
21 A There's no doubt that they wrote me a
22 letter on April 14th and that's responding to the
23 chain of this whole request to inspect records.
24 Q Let's talk about what records you think
25 were responsive and should have been produced.
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1 (Defendant's Exhibit No. 10 was marked for
2 identification.)
3 BY MS. O'CONNOR:
4 Q I'm going to represent to you that Exhibit
5 10 is a response to the town's first request to
6 produce in this case and ask you if you recognize
7 this?
8 A I can't say whether I recognize it or not.
9 Let me look at it more. I may have seen this
10 before.
11 Q Do your lawyers generally communicate with
12 you when discovery requests like this came in and
13 ask you if you have documents that would be
14 responsive?
15 A I would hope they would.
16 Q Do you recall specifically in this case
17 whether you were asked to search your records for
18 documents that are responsive to the request here on
19 the first page?
20 MR. MESA: Just to be clear, she's asking
21 what would be outside the attorney-client
22 privilege.
23 MS. O'CONNOR: Sure.
24 A I'm not sure what you're asking me.
25
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1 BY MS. O'CONNOR:
2 Q What did you do, if anything, to search
3 for documents that are responsive to this first
4 request to produce?
5 A I think I probably laughed. I mean,
6 you're asking me to produce the documents that I'm
7 looking for? If I misunderstand this, I'm sorry,
8 I'm not a lawyer, but I'm assuming you're asking me
9 to produce documents that I'm looking for in the
10 first place to prove that they exist and if they did
11 and I had them, I wouldn't be asking for them.
12 Q When you filed your lawsuit on June 6,
13 2014, on what did you base the belief that there
14 were, in fact, documents that were responsive to
15 your request?
16 A I think I already answered that.
17 Commission meetings, my understanding of how lawyers
18 work, how commissions work, their obligations in
19 spending public money. That's what I based my
20 belief that something must exist.
21 Q In response to this request, your
22 attorneys attached one document. If you could take
23 a look at that, Exhibit A.
24 A Okay. I looked at it.
25 Q Now, my first question is, because I want
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1 to understand since there are two public records
2 requests, there's the first and the second as
3 they've been described in the complaint, so let me
4 ask you this. Your first request was for any
5 contract, letter of intention or any other agreement
6 for representation between the Town of Gulf Stream
7 and Mr. Sweetapple effectively.
8 A That was the second request. The first
9 was for Jones, Foster billing.
10 Q we're talking about Count II now.
11 A okay. I'm sorry.
12 Q So Count II involved two requests.
13 A Right. I wanted agreements.
14 Q So tell me how this Exhibit A, this March
15 28, 2014 letter from Mr. Morgan to Mr. Sweetapple is
16 responsive to your request for contracts, letters of
17 intention or other agreements for representation?
18 A I'm not following your question. You want
19 me to do what?
20 Q In response to the town's request to
21 produce which asked you for any documents that
22 support your claim that the town unlawfully withheld
23 records -- well, let me ask you this. Do you claim
24 that this March 28, 2014 letter is responsive to
25 either one of your public records requests in Count
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1 II or is it your contention that this evidences that
2 there must be something else?
3 MR. MESA: Objection to form.
4 A Well, if the town had sent me this when I
5 asked for the record, I would have been pleasantly
6 happy to get it.
7 BY MS. O'CONNOR:
8 Q But this is not a contract, agreement or
9 letter of intention between the town and
10 Mr. Sweetapple, you'd agree with me, correct?
11 MR. MESA: Objection to form.
12 A It's really weird because it says Scott
13 Morgan.
14 BY MS. O'CONNOR:
15 Q And you know that he --
16 A And in the paragraph it says -- let me
17 see. I hereby agree to your representation. Yeah,
18 it looks to me like it might be responsive, but I'm
19 not a lawyer.
20 Q I'm asking you in this lawsuit, do you
21 claim that this is the document that was responsive
22 to your request or are you saying that there's other
23 documents out there and that this just evidences
24 that there's some other agreement out there that the
25 town should have produced?
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1
MR. MESA: Objection to form.
2
A
How should I know? I mean, I don't have
3
access
to all the documents. I can't say give me
4
document
number 107.3. I asked for documents.
5
BY MS.
O'CONNOR:
6
Q
And the town's response is that we don't
7
have any
records, and other than sort of your
8
general
understanding of Florida law and commission
9
meetings
and what you think Mr. Sweetapple might
10
have done,
you don't have any reason to believe that
11
there's
some actual agreement out there, do you?
12
MR. MESA: Objection to form.
13
A
I'm assuming from your question that
14
there's
no agreement and I find that incredible.
15
BY MS.
O'CONNOR:
16
Q
But you don't claim that this March 28th
17
letter
from Mr. Morgan to Mr. Sweetapple is an
18
agreement?
19
MR. MESA: Objection to form.
20
A
I don't? I mean what's your question? It
21
sounds
maybe like you're trying to put words in my
22
mouth.
23
BY MS.
O'CONNOR:
24
Q
The March 28, 2014 letter from Mr. Morgan
25
to Mr.
Sweetapple, do you contend that it is a
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1 responsive
record to
either your April 2nd, 2014
2 request or
your April
12, 2014 request?
3
A
Yeah, it seems responsive to me.
4
Q
How?
5
A
It says I agree. It's Sweetapple and the
6
town and
it says I agree.
7
Q
Do you understand what this letter is?
8
A
I agree to your representation of the
9
town.
10
Q
I waive any conflict of interest concerns
11
and I hereby agree to your representation of the
12
town and
the joint representation of us both in the
13
matter documented.
14
A
So you're asking me to reach a legal
15
conclusion?
16
Q
Do you know what a conflict of interest
17
is?
18
A
Oh, yeah, I know that very well.
19
Q
Do you know that sometimes waivers have to
20
be obtained when conflicts of interest exist?
21
A
I never gave Mr. Sweetapple a waiver.
22
Q
So it's your testimony that this letter
23
from Mr.
Morgan to Mr. Sweetapple is an agreement
24
that somehow binds the town to a representation of
25
the town
by Mr. Sweetapple?
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1 MR. MESA: Objection to form.
2 BY MS. O'CONNOR:
3 Q You know that Mr. Morgan can't do that.
4 MR. MESA: Objection to form.
5 A You're asking me what I know about what
6 Mr. Morgan will do and I can't testify to that
7 because you're asking me a number of questions all
8 balled up together. Before that you asked me do I
9 think this is an agreement and it sure quacks like a
10 duck.
11 BY MS. O'CONNOR:
12 Q When did you first become aware that
13 Mr. Sweetapple was involved in any way in public
14 records lawsuits involving the Town of Gulf Stream?
15 Was it when he appeared on Mr. Morgan's behalf at a
16 deposition?
17 A Can you repeat that again?
18 Q Sure. When did you first become aware
19 that Mr. Sweetapple had some involvement in any
20 public records suits against either the town or its
21 officials?
22 A I think that was at the commission meeting
23 where Mr. Morgan announced to the town that he
24 thought Sweetapple would be a good choice and
25 convinced them and I think it was probably April
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1 of -- was it 114? It was right after Mr. Morgan was
2 elected.
3 Q okay. It wasn't at a deposition that was
4 held in this room of Mr. Morgan in one of
5 Mr. O'Boyle's public records suits that you
6 attended?
7 MR. MESA: Objection to form.
8 A My understanding at the time was he was
9 representing Mr. Morgan.
10 BY MS. O'CONNOR:
11 Q Individually, correct?
12 A No, for that deposition.
13 Q Okay. And this letter that Mr. Morgan
14 sent to Mr. Sweetapple on March 28, 2014 references
15 the fact, it cites to the case that Mr. O'Boyle had
16 brought against the Town of Gulf Stream and
17 indicates that that's the case where Mr. Sweetapple
18 had also represented Mr. Morgan in his capacity as a
19 witness?
20 MR. MESA: Objection to form.
21 A Well, it says these matters include the
22 above -referenced action in which you have also
23 represented me as a witness. So Mr. Sweetapple
24 represented Mr. Morgan and now he was agreeing to
25 represent -- the town was agreeing to have
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1 Mr. Sweetapple represent them.
2 BY MS. O'CONNOR:
3
Q
By this letter?
4
A
I think that's what I just read. Again, I
5
can't draw
a legal conclusion.
6
Q
Let me show you one other document.
7
A
Done with this one?
8
Q
Yeah. Just so we're clear, the March 28,
9
2014 letter
is a letter that -- let's actually go
10
through
both the requests. Is the March 28, 2014
11
letter
one that you believe was responsive to the
12
April 2nd,
2014 request and the April 12th, 2014
13
request
or just one of them or neither of them or...
14
MR. MESA: Objection to form.
15
A
It's certainly a responsive document to an
16
agreement
and I think it speaks for itself.
17
Q
I have just a couple of more things.
18
(Defendant's Exhibit No. 11 was marked for
19
identification.)
20
BY MS.
O'CONNOR:
21
Q
I'll give you the document I've marked
22
Exhibit
11 and ask if you've ever seen that before.
23
A
I can't recall. It's interesting though.
24
Q
What do you understand this letter to be?
25
A
A stab in the back.
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1
Q
What do you mean by that?
2
A
I mean I gave Mr. Sweetapple ten thousand
3
dollars to
represent me and then a few years later,
4
the town
searches him out and pays him to go against
5
me. That's
a stab in the back.
6
Q
This letter was sent after the town
7
responded
to your April 2nd and April 12th, 2014
8
requests,
is that right?
9
A
It says April 16th.
10
Q
Okay. And you have no reason to believe
11
that this
document existed prior to the town's last
12
response
on April 14, 2014, do you?
13
A
Given the level of honesty, I can't say.
14
Q
Do you believe that Mr. Sweetapple prior
15
to April
16, 2014 had accepted representation of the
16
Town of Gulf Stream in the matters that are
17
referenced?
18
A
I've got a feeling that deal was done a
19
long time
ago.
20
Q
By the way, where did you get that
21
March 28,
2014 letter, do you know?
22
A
Where did I get what?
23
Q
The March 28, 2014 letter that you claim
24
was responsive to those public records requests.
25
A
could you identify the exhibit and I'll
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1 look at it to refresh my memory?
2 Q Sure. It's here, 10.
3 A I didn't get this anywhere. I don't
4 remember or have knowledge today where this came
5 from.
6 Q I wanted to go back to Count I and talk
7 about, I think it's Exhibit 7.
8 A I'm sorry, the exhibits have letters, not
9 numbers. Oh, Exhibit 7 of these, okay.
10 Q There was a response that the town gave
11 you that you made some reference to the fact that it
12 evidenced that the town wanted you to destroy a
13 document. What response is that?
14 A For many of these e-mails that
15 Mr. Thrasher or Rita Taylor or whoever, Mr. Rizzardi
16 or Nazarro or whoever is making these responses, the
17 e-mail says if you are not the intended recipient,
18 paraphrasing, destroy all copies of the original
19 message. And to me, even if a message is sent to
20 someone it's not intended to, it's still a public
21 record even if it's a mistake, and to instruct
22 someone to destroy it seems to me to be a violation
23 of the state Statute 119 because there is a schedule
24 for retention and this doesn't reflect that.
25 Q What exhibit is that?
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1 A It's a confidentiality notice attached to
2 Mr. Thrasher or whoever's e-mail.
3 Q You're not suggesting that the town
4 destroyed that or any other particular document
5 here?
6 A No. I'm saying whoever wrote this under
7 the name Bill Thrasher instructs the recipient that
8 if they're not supposed to get it, they should be
9 destroying it. I thought that was really peculiar.
10 Q Is it your understanding that if you
11 receive an e-mail from the town that you need to
12 save it in perpetuity, regardless of whether there's
13 litigation going on because in your hands it's a
14 public record regardless of your relationship with
15 the town?
16 MR. MESA: Objection to form.
17 A Interesting question. I don't know if
18 that's ever been litigated, but I don't know.
19 You're asking me for a legal opinion about when
20 something ceases to become a public record. I can't
21 answer that.
22 BY MS. O'CONNOR:
23 Q Well, that footer doesn't say that the
24 town is going to destroy an e-mail from its sent
25 items, it's asking third parties who may be
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1 inadvertent recipients and have no relationship to
2 the town?
3
MR. MESA: Objection to form.
4
A
I don't think I've testified that I was
5
suggesting
the town was destroying this particular
6
record.
They're just instructing other people to
7
destroy
the record if for some reason it was sent to
8
them by
mistake.
9
BY MS.
O'CONNOR:
10
Q
And I'm trying to understand why you think
11
that violates
the Public Records Act?
12
MR. MESA: Objection to form.
13
A
It's my understanding of the statute as it
14
defines
a public record.
15
BY MS.
O'CONNOR:
16
Q
What's your understanding of who's a
17
custodian
under the Public Records Act?
18
A
I'm sorry?
19
Q
Who are custodians of public records?
20
MR. MESA: Objection to form.
21
A
That's an official title that I assume is
22
assigned
to a particular person at any municipal
23
agency
as the head of records department.
24
BY MS.
O'CONNOR:
25
Q
So your understanding is if someone in
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1 Alaska inadvertently receives that e-mail that it's
2 a violation of the Public Records Act for the town
3 to ask them to delete it?
4 MR. MESA: Objection to form.
5 BY MS. O'CONNOR:
6 Q Is that what you're saying?
7 A I don't write the law. I just try to
8 follow it. That's what I understand the law says,
9 don't destroy public records.
10 Q Regardless of who you are?
it MR. MESA: Objection to form.
12 A I'm sorry, I didn't hear that.
13 BY MS. O'CONNOR:
14 Q Give me just a minute. I think I'm done.
15 Forgive me if I asked this before, but I
16 looked at the town's log this morning and it appears
17 in the last six months or so that you've made all
18 your public records requests using
19 chrisoharegulfstream@gmail.com unless you made a
20 request through Mr. Roeder, but meaning you haven't
21 been making requests using those fictitious names?
22 MR. MESA: Objection to form.
23 BY MS. O'CONNOR:
24 Q Is that right? Do you recall make any
25 requests in the last six months using those
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1 fictitious names you had set up before?
2 A The experiment of using the other Gmail
3 accounts which I thought would help me keep
4 organized didn't really help at all. So I came to
5 the conclusion it wasn't necessary anymore.
6 Q Do you continue to monitor all those
7 accounts though?
8 A Oh, yes. I have a lot of outstanding
9 requests I'm still waiting to get the records for
10 and I monitor to see when I ever get them.
11 Q Let me ask you this. You said earlier
12 that a lot of your requests are time sensitive. Do
13 you remember that?
14 A Yes.
15 Q Do you ever let the town know if the
16 request has now been mooted such that too much time
17 has gone by and you don't need it anymore?
18 A Just last week. I still haven't gotten
19 that request.
20 Q But I'm saying do you -- we're going to
21 disagree why the town takes a certain amount of time
22 to respond, but let's say you need a document in a
23 week and you make a hundred requests on a single day
24 but you need one of those one hundred in a week.
25 And two weeks go by and you don't get it, you don't
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1 need it anymore because the purpose for which you
2 sought it was now moot. Do you ever let the town
3 know?
4 MR. MESA: Objection to form.
5 A Two weeks ago, I asked for a record that I
6 could speak at Friday's meeting. It was a simple
7 request for any discussion at the ad hoc committee
8 or about objets d'art. I said I needed it for the
9 meeting. I got a standard delay letter back and the
10 meeting is coming up and I still haven't gotten a
11 record and it's a very simple request. But to
12 answer your question, I tell them sometimes when
13 it's very timely and hopefully that pushes me to the
14 front of the line, so to speak. But as of late, I
15 have not been making many public records requests
16 because as I earlier testified, I'm finding the
17 records on my own on the website.
18 BY MS. O'CONNOR:
19 Q Has the town ever required you to make a
20 record request in writing, instead of like a record
21 request you might have wanted to make verbally, have
22 they ever said no, you need to make it in writing?
23 A I can't recall. You know what, yeah, I
24 remember something like that.
25 Q What do you recall?
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1 A I think it had to do with some Robert
2 Sweetapple records, but I can't recall. I just -- I
3 can't really recall the details.
4 Q Is there anything that would help you
5 recall the details? Do you have any documents that
6 you might look to to find out whether there was a
7 verbal request that the town told you needed to be
8 made in writing?
9 A Let me think a moment. I believe I had a
10 response to a judge at five o'clock and I'd asked
11 for a public record that would help me make that
12 response that Monday morning and I was told to put
13 it in writing, I think, with Bob Sweetapple, and I
14 think you interceded on that particular request and
15 came back from vacation and said they should have
16 given it to me and, sorry, here it is now, but by
17 then it was too late. I think that's the detail of
18 the one I'm thinking of.
19 Q Were you told to put it in writing or were
20 you told to direct it to Mr. Sweetapple because he
21 was --
22 A That part I don't recall.
23 Q Any other instance where you were told
24 that you couldn't make a verbal request?
25 A I don't recall at the moment.
PLEASANTON, GREENHILL, MEEK & MARSAA
561/833.7811
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1
MS. O'CONNOR: Okay. I don't have any
2
further questions.
3
MR. MESA: I have a couple of questions.
4
CROSS EXAMINATION
5
BY MR.
MESA:
6
Q
If you could please go to Exhibit 1, the
7
amended
complaint and I'll ask you to go to
8
specifically
Exhibit E of that amended complaint.
9
Read the
subject line of that e-mail for me, please.
10
A
The subject line says public record
11
request
for Sweetapple contract.
12
Q
Now, when you typed in that subject line
13
in that
e-mail, did you intend that subject line to
14
be your
public record request?
15
A
No, not at all.
16
Q
Which part of this correspondence is your
17
public
record request, that is the documents that
18
you're
seeking?
19
A
Everything below the line, this is a
20
public
records request.
21
Q
can you please read the third paragraph in
22
that request
for me, please?
23
A
The one that starts if you contend?
24
Q
Right above that, any contract.
25
A
I'm sorry. Any contract, letter of
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1 intention or any other agreement fox representation
2 between the Town of Gulf Stream and Mr. Robert
3 Sweetapple or between the Town of Gulf Stream and
4 any entity providing Mr. Sweetapple's service to the
5 town.
6 Q Is that request, in your understanding, is
7 that request limited specifically to a contract in
8 any way? Strike that. Was your request asking
9 exclusively for a contract?
10 A Exclusive, but then expands it to include
11 any other agreement. I tried to be as clear as
12 possible.
13 Q Please go to Exhibit G of Exhibit I. Read
14 the subject line of that e-mail, please.
15 A Sweetapple agreement public records
16 request.
17 Q Is that subject heading in that e-mail in
is any way intended to be the public records request?
19 A No.
20 Q The subject of this suit?
21 A No.
22 Q If you can read to yourself the actual
23 request beginning with any contract and ending with
24 the word town.
25 A Okay. I read it.
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1 Q Is it your understanding that any kind of
2 a contract would have been responsive to this
3 request?
4 A Contract, letter of intention, agreement
5 would have been responsive.
6 Q And when you said any other agreement,
7 what do you mean by that?
8 A Any other agreement, whatever constitutes
9 an agreement between these two parties.
10 Q Was it limited in any way to a written
11 agreement?
12 A Well, it would have to be a record. You
13 can't ask for a copy of a handshake. So it would be
14 something that was memorialized or on paper or
15 somehow meets the definition that the state statute
16 has in 119 of what constitutes a public record.
17 Q Could it have been an audio recording? In
18 other words, an audio recording of a town meeting,
19 would that have been responsive?
20 A That's what the state statute says.
21 Q Okay. Are you aware if there was an audio
22 recording concerning the retention of Robert
23 Sweetapple on behalf of the town prior to
24 April 12th, 2014?
25 A I believe from speaking to Ms. Taylor in
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1 the past that there's a CD recording, there's a
2 cassette tape and there might be other means that
3 are all redundant but achieving the same thing.
4 Plus the town after it's decorum policy which I
5 think was in effect at the time has a video camera,
6 I believe, used to keep control of rebel rousers, I
7 suppose, but that would have recorded it as well.
8 Q Just to make sure I understand correctly,
9 when you made this request, you were not asking for
10 a specific agreement that you -- strike that. If
11 you can go to Exhibit 10.
12 A Okay. I have Ms. O'Connor's Defendant's
13 Exhibit 10.
14 Q Please turn to Exhibit A to Exhibit 10.
15 A Okay.
16 Q Is it your understanding that this
17 document, Exhibit A to Exhibit 10, is an agreement?
18 A Yeah, it looks to me like an agreement.
19 Q Please read the first sentence right after
20 Dear Bob.
21 A Please accept this letter as my
22 acknowledgment of your representation of the Town of
23 Gulf Stream in connection with lawsuits filed
24 against it by Martin O'Boyle, period.
25 Q Who is Scott Morgan?
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1 A Scott Morgan is a resident of Gulf Stream
2 and the current Mayor of the Town of Gulf Stream.
3 Q Do you recognize that signature on the
4 bottom of Exhibit A right after where it says very
5 truly yours?
6 A Yes.
7 Q Do you have any reason to believe that
8 that is not the signature of Scott Morgan?
9 A It looks identical to the one on his
10 papers he filed to run for commissioner.
11 Q The last paragraph of Exhibit A states: I
12 waive any conflict of interest concerns, and what
13 does it say after that?
14 A And hereby agree to your representation of
15 the town in these actions and of the joint
16 representation of us both in the matter docketed as
17 2014CA001572. So I guess he's representing both of
18 them, both the town and Mr. Morgan.
19 Q Is it your understanding based on the
20 reading of this letter that this letter was sent by
21 Mr. Morgan to Sweetapple in his capacity as Mayor?
22 A I'm sorry, say it again.
23 Q Is it your understanding based on the
24 reading of this letter that this correspondence was
25 sent by Mr. Morgan to Mr. Sweetapple in his capacity
PLEASANTON, GREENHILL, MEEK & MARSAA
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1 as Mayor of the Town of Gulf Stream?
2 MS. O'CONNOR: Objection.
3 A Boy, it sure seems that way.
4 BY MR. MESA:
5 Q Okay. Do you recognize that e-mail
6 address on the top of this?
7 A Yes. I've used that to communicate with
8 Mayor Morgan.
9 Q Have you ever used that e-mail to
10 communicate with Scott Morgan in his capacity as
11 Mayor?
12 A Yes.
13 Q Has he responded?
14 A Yes.
15 Q And in those responses, did those
16 responses in that correspondence from Scott Morgan
17 deal with town business?
18 A Yes.
19 MR. MESA: No further questions.
20 REDIRECT EXAMINATION
21 BY MS. O'CONNOR:
22 Q Just one final question. Do you recall
23 attending the March 28, 2014 meeting of the town
24 commission where they voted to engage
25 Mr. Sweetapple?
PLEASANTON, GREENHILL, MEEK & MARSAA
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1
A
I remember the meeting. I couldn't say it
2
was that
date, but I remember the meeting.
3
Q
There was something about that meeting, I
4
believe
you testified, correct me if I'm wrong, that
5
made you
believe that there must be an agreement
6
between
the town and Mr. Sweetapple out there, that
7
was one
of the factors that led you to believe there
8
was some
kind of agreement?
9
MR. MESA: Objection to form.
10
BY MS. O'CONNOR:
it
Q
Something that happened at that meeting
12
or...
13
A
That was one of the reasons I assumed that
14
there was
an agreement.
15
MS. O'CONNOR: I don't have any other
16
questions.
17
MR. MESA: One last question.
18
RECROSS EXAMINATION
19
BY MR. MESA:
20
Q
This audio recording of this meeting that
21
Ms. O'Connor was just asking you about, are you
22
aware if
there was an agreement -- strike that.
23
Were you
present during that commission meeting?
24
A
Yes.
25
Q
Do you recall there being an agreement
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voted on by the commission or any agreement among
the commissioners and the Mayor to retain
Sweetapple?
MS. O'CONNOR: Objection.
A You know, I can't recall a vote, but there
seemed to be a general consensus of agreement that
Mr. Sweetapple was their man but I don't remember an
actual vote.
MR. MESA: Okay. No further questions.
MS. O'CONNOR: Are you going to read or
waive?
MR. MESA: We're going to read.
(Witness excused.)
(The deposition was concluded.)
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CERTIFICATE OF OATH
THE STATE OF FLORIDA)
COUNTY OF PALM BEACH)
I, the undersigned authority, certify that
CHRISTOPHER F. O'HARE personally appeared before me
and was duly sworn on the 12th day of August, 2015.
WITNESS my hand and official seal this 25th day
of August, 2015.
Deborah Meek, RPR, FPR, CRR
Personally known
Produced identification: F1 D/L
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1 REPORTER'S CERTIFICATE
2
3 THE STATE OF FLORIDA)
COUNTY OF PALM BEACH)
4
5 I, DEBORAH MEEK, Registered Professional
Reporter, certify that I was authorized to and did
6 stenographically report the deposition of
CHRISTOPHER F. O'HARE; that a review of the
7 transcript was requested; and that the transcript,
Pages 5 through 128, is a true and complete record
8 of my stenographic notes.
9 I further certify that I am not a relative,
employee, attorney, or counsel of any of the
10 parties, nor am I a relative or employee of any of
the parties' attorney or counsel connected with the
it action, nor am I financially interested in the
action.
12
The certification does not apply to any
13 reproduction of the same by any means unless under
the direct control and/or direction of the reporter.
14
15
16
17
18
19
20
21
22
23
24
25
Dated this 25th day of August, 2015.
DEBORAH MEEK, RPR, FPR, CRR
PLEASANTON, GREENHILL, MEEK & MARSAA
561/833.7811
130
1
2
131
3
4
5 August 25, 2015
6
7 Giovani Mesa, Esq.
The O'Boyle Law Firm
8 1286 West Newport Center Drive
Deerfield Beach, Florida 33442
9
10 RE: O'Hare vs. Town of Gulf Stream
Deposition of Christopher F. O'Hare
11
12 Dear Mr. Mesa:
13 Attached herewith please find an errata sheet
for Christopher F. O'Hare's use in making any
14 changes to his deposition in the above -captioned
matter taken on August 12, 2015.
15
16 Please forward the completed errata sheet to
counsel in this matter.
17
18 Cordially yours,
19 PLEASANTON, GREENHILL, MEEK & MARSAA
20
21 DEBBIE MEEK, RPR, FPR, CRR
22
23
cc: Joanne M. O'Connor, Esq.
24
25
PLEASANTON, GREENHILL, MEEK & MARSAA
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E R R A T A S H E E T
In Re: O'Hare vs. Town of Gulf Stream
Date taken: August 12, 2015
DO NOT WRITE ON TRANSCRIPT -- ENTER CHANGES HERE:
Page:— Line:
Now reads:
Should read:
Reason for change:
Page:_ Line:
Now reads:
Should read:
Reason for change:
Page:— Line:
Now reads:
Should read:
Reason for change:
Page:_ Line:
Now reads:
Should read:
Reason for change:
Page:— Line:
Now reads:
Should read:
Reason for change:
Page:_ Line:
Now reads:
Should read:
Reason for change:
Under penalties of perjury, I declare that
I have read my deposition and that it is true
and correct subject to any changes in form or
substance entered above.
DATE CHRISTOPHER F. O'HARE
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30:6
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16 61:18 87:8,10
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15:5,7,10,13,23
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2012 16:18,19,21
17:3,15,19,25
18:8,16 20:3,23
2013 15:10,13,23
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36:18,19,24
37:20,22
38:8,24 39:18
2014 7:24 8:19
24:16 34:3
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48:2 49:3,15
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125:17
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abbreviated 90:3
ability 72:4
able 21:21 28:12
31:24 57:13
68:22 71:8,9
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above -captioned
131:14
above -entitled
4:2
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18:12 20:20
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39:19 41:12
62:7 65:17
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116:11,17 117:2
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561/833.7811
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561/833.7811
10 Uy 61
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PLEASANTON, GREENHILL, MEEK & MARSAA
561/833.7811
1`J 0I Ll
83:24
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119:13
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PLEASANTON, GREENHILL, MEEK & MARSAA
561/833.7811
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PLEASANTON, GREENHILL, MEEK & MARSAA
561/833.7811