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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 23 24 Defendant's Exhibit No. 8 73 Invoices 25 PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 3 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 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 14 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 15 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 19 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 561/833.7811 20 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 561/833.7811 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 561/833.7811 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 561/833.7811 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 561/833.7811 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 561/833.7811 27 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 561/833.7811 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 561/833.7811 29 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 561/833.7811 30 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 561/833.7811 37 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 561/833.7811 32 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 561/833.7811 33 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 561/833.7811 34 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 561/833.7811 35 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 561/833.7811 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 561/833.7811 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 561/833.7811 39 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 561/833.7811 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 561/833.7811 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 561/833.7811 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 561/833.7811 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 561/833.7811 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 561/833.7811 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? PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 47 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 561/833.7811 48 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 561/833.7811 49 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 561/833.7811 50 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 561/833.7811 53 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 561/833.7811 52 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 561/833.7811 53 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 561/833.7811 59 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 561/833.7811 55 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 561/833.7811 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 PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 57 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. PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 58 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. PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 59 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 561/833.7811 M, 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 561/833.7811 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 PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 62 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 561/833.7811 63 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 561/833.7811 69 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 561/833.7811 65 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 561/833.7811 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? PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 67 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 561/833.7811 68 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 561/833.7811 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. PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 70 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 561/833.7811 7] 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 PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 72 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 PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 73 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 PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 74 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 PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 75 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 561/833.7811 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 561/833.7811 77 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. PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 78 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 PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 79 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. PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 80 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 561/833.7811 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: PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 82 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 561/833.7811 83 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 561/833.7811 84 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. PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 85 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 561/833.7811 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 561/833.7811 87 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 561/833.7811 88 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 561/833.7811 89 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 561/833.7811 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 561/833.7811 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. PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 92 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. PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 93 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? PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 94 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 PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 I 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 PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 W 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 PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 97 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? PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 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 PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 I 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 PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 10f 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 PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 101 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, PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 102 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 PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 103 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. PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 104 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 PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 105 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 PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 106 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 PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 107 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? PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 108 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 PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 109 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? PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 110 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 PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 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 PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 112 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. PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 113 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 PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 114 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? PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 115 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 PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 116 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 PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 117 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 PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 118 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 PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 119 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? PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 120 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 12] 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 PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 122 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. PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 123 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 PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 124 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? PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 125 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 561/833.7811 126 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 561/833.7811 127 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 PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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.) PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 128 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 129 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 561/833.7811 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 132 Ogmail.com 29:16 30:6 1 2:10 6:12,13,20 24:16 36:13 60:5 75:24,25 78:4,25 98:11 121:6 122:13 1:00 88:15 1:27 49:12,16 50:16 1:37 49:4 57:11 71:23 10 3:5 104:1,5 114:2 124:11,13,14,17 10:00 45:13 100 4:5 104 3:5 107.3 108:4 11 3:7 112:18,22 11:34 65:21 11:35 65:22 1100 4:18 110I0I 27:17 112 3:7 11-28 66:8 114 38:24 39:1,2,6 115 39:4 119 114:23 123:16 12 1:21 2:3 88:12 94:10 95:1,4,23 96:1,21 97:2,21 98:16,18 109:2 131:14 132:3 121 2:6 12-28-2013 36:21 1234 91:25 126 2:5 127 2:6 128 130:7 1286 4:11 131:8 91:7,11 92:1 93:23 94:4,6 95:11 96:12,16 98:4,6 101:1,12,13 102:14 103:14,19 112:12 113:7 123:24 129:9 131 3:10 132 3:11 14 100:15,19 102:8,18 111:1 113:12 14th 93:21 94:3,16 97:19 101:10 102:12,13 103:22 15 6:2 16 61:18 87:8,10 113:15 16th 113:9 18 60:4,7,9 63:5 19 78:3,5,18 1995 15:4 1998 11:17 lat 41:25 2 2:12 7:23,25 24:5 40:22 41:7,10,13 42:5 43:13 63:8 69:23 73:18 76:1 78:11 80:3 81:23 82:18 2:05 55:6 56:7,9,10,16 57:2,9 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25:2,9,11,16 26:9 27:11 31:8 33:6,9,14,16,18 ,21,22 34:12,22 36:23 37:4,13,20,22 PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 38:1,16 39:7,1' 40:14 41:5,8,1' 42:2,6 43:5,10,12,13 46:15,18 47:9,20,24 48:9,15,18 50:6,12,17 51:f 52:11,15 53:10,19 54:14 55:8,15 56:11,25 57:12,24 58:7,16 59:12 61:3,7,22 62:5,19 63:8,10,20,25 64:24 65:6 66:16,23 67:13,17,19 68:5,25 69:18 70:13,22,23 71:2,4,13,24 72:17 73:17 74:4 75:1,19 77:7,21 78:10,11,19 79:7 80:12,18,19 81:2,16,20,23 82:24,25 83:3,5,9,11,20 84:15 87:14 88:23 89:25 90:2,13 91:4,5,12 92:12 93:9,22 94:6,9,25 95:13,21 96:4,5,6,10,15, 16,20 97:1,2,15,20,22 ,24 99:1,9,11 100:6,21 102:16 103:7,8,23,24 104:17 106:1,23,25 108:7 110:14,20 111:5 113:24 116:11,17,19,23 117:2,9,18 118:9 119:15,17 120:2 121:20 122:15,18 RECROSS 2:2 127:18 xedepose 84:1 REDIRECT 2:2 126:20 redundant 124:3 reefs 43:2 refer 27:7 reference 7:20 114:11 referenced 113:17 references 10:4 65:11 111:14 referring 35:17 45:22 reflect 15:21 24:15 33:6 52:12 67:12 77:20 83:9 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102:9,12,19,20 106:2,8 secret 34:13 89:23 seeking 121:18 seemed 36:5 128:6 seems 94:15 109:3 114:22 126:3 seen 35:9,22,24 49:21 69:16,20 75:7,9 104:9 112:22 select 52:5 selected 9:6 self-employed 44:1 sell 93:7 send 19:7,19 56:22 76:2 sending 9:16 69:9 sensitive 118:12 sent 9:1,3 11:25 18:13 19:17 20:22 23:12,25 34:7 41:4 46:5 49:4,12,22 50:15 62:5,15,17 74:11 75:12 88:15 93:6 107:4 111:14 113:6 114:19 115:24 116:7 125:20,25 sentence 70:17,18 124:19 PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 sentiments 56:20 separate 10:8 September 38:7,23 39:18 seriously 58:9 served 13:6 serves 98:3 Service 32:3,13 85:23 92:21 122:4 Services 32:1 41:22 85:14 93:7 97:16 Settlement 16:9,14,16 several 22:6,9 shady 36:8 sheet 3:11 38:14 131:13,16 she's 44:24 45:15 62:21 104:20 short 40:21 shortly 24:2 62:4 shot 65:19 70:21 shots 66:14,21 signature 3:10 125:3,8 significant 21:20 significantly 47:3 similar 35:14 89:22 similarly 38:20 simple 68:3 87:12 119:6,11 single 70:3 80:8 81:9 118:23 sit 33:1 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84:22,25 86:4,13 87:6 90:2 92:8,12 93:24 94:20 99:5,7,15,20 100:9 101:2 103:2,5,10,15,2 2 105:19 111:17 112:4 113:5 115:18 116:21 117:8 120:17 123:20 themselves 53:3 66:9 thereafter 62:4 70:15,19,25 there's 12:20 21:4 28:10,21 33:20,25 36:12 39:25 40:7 48:20 49:11 50:25 66:5,7,10 70:4 71:7 74:5,14 88:2,19 91:14 96:3,10 102:10,15 103:4,8,21 106:2 107:22,24 108:11,14 115:12 124:1 THEREUPON 5:1 they're 25:24 34:16 61:9 79:23 91:18 94:21 97:19 98:6 100:11 115:8 116:6 they've 23:22 68:23,25 106:3 third 14:9 19:2 70:17,18 85:8 115:25 121:21 thousand 15:16 113:2 Thrasher 29:7 41:4 42:16 46:7,8,11 49:4,12,25 50:23 55:6,14 56:2 59:9,23 88:12 114:15 115:2,7 Thrasher's 18:11,12 49:17 51:2 74:12 three-day 61:17 three-page 50:25 Thursday 43:14 timeliness 16:24 PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 1`J 0I Ll 83:24 timely 77:1,2 119:13 time -wise 13:21 title 116:21 today 6:17 35:19 37:2 47:18 50:14 54:1 58:13 63:19 67:24 68:21 71:8,10,19 76:22 81:18 82:2 95:22 100:10 114:4 tongue 10:17 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14:16 16:20 17:2,14 34:5 35:22 37:4 40:1 69:1 72:23 82:16 93:4 94:9 101:6,19 103:5 112:22 117:17 PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811