HomeMy Public PortalAboutWilliam Thrasher Transcript 06/19/13 - Vol. 2Certified Copy
In the Matter Of:
O'BOYLE vs. TOWN OF GULF STREAM
502013CA00675OXXXXMB AO
WILLIAM H. THRASHER, CGFO
Jime 19, 2013
Vol. II
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S 0 L U T 1 0 N S
WILLIAM H. THRASHER, CGFO Vol. II
O'BOYLE vs. TOWN OF GULF STREAM
IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
Case No. 502013CA006750XXXXMB AO
MARTIN E. O'BOYLE,
Plaintiff,
VS.
TOWN OF GULF STREAM,
Defendant.
VOLUME II Pages 123 - 199
CONTINUED DEPOSITION OF
WILLIAM H. THRASHER, CGFO
TAKEN ON BEHALF OF THE PLAINTIFF
June 19, 2013
9:40 a.m. - 11:50 a.m.
100 Sea Road
Gulf Stream, FL 33483
Jennifer DiLorenzo, court reporter
June 19, 2013
123
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WILLIAM H. THRASHER, CGFO Vol. it June 19, 2013
O'BOYLE vs. TOWN OF GULF STREAM 124
1 APPEARANCES OF COUNSEL
2
3 On behalf of the Plaintiff:
4 COMMERCE GROUP
BY: MARTIN E. O'BOYLE, pro se, and
5 MP.RRETT W. HANNA, ATTORNEY-AT-LAW, limited
appearance
6 1280 West Newport Center Drive
Deerfield Beach, FL 33442
7 954-570-3505
moboyle@commerce-group.com
8 mhannaocommerce-group.com
9
On behalf of the Defendant:
10
JONES, FOSTER, JOHNSTON & STUBBS, P.A.
I
11 BY: JOHN C. RANDOLPH, ESQ.
505 S. Flagler Drive
12 Suite 1100
West Palm Beach, FL 33401
13 561-659-3000
jrandolph@jones-foster.com
14
15 ALSO PRESENT:
16 Ryan Witmer.
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WILLIAM H. THRASHER, CGFO Vol. II June 19, 2013
O'BOYLE vs. TOWN OF GULF STREAM 125
WILLIAM H. THRASHER, CGFO Vol. II
O'BOYLE vs. TOWN OF GULF STREAM
June 19, 2013
126
1 Continued deposition of WILLIAM H. THRASHER, CGFO
2 June 19, 2013
3
4 CONTINUED DIRECT EXAMINATION
5 BY MR. O'BOYLE:
6 Q. Good morning, Mr. Thrasher.
7 A. Good morning.
8 Q. Today is Wednesday, the 19th of June, and this
9 is a continuation of your deposition from this past
10 Monday.
11 Where I would like to start is I think the
12 record, perhaps caused by me, became somewhat
13 discombobulated when trying to determine the exhibits
14 which you produced and the exhibits which Mr. Minor
15 produced, so what I would like to do is rather than me
16 get involved and perhaps confuse things more is for you
17 to tell me what exhibits that Mr. Minor produced that you
18 didn't and what exhibits that you produced that. Mr. Minor
19 didn't.
20 A. Okay.
21 Q. So go ahead.
22 A. Do you want me to show you or --
23 Q. Sure, you can show them to me. Yeah.
24 MR. RUDOLPH: Can we go off the record for
25 a second; can we?
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WILLIAM H. THRASHER, CGFO Vol. II June 19, 2013
O'BOYLE vs. TOWN OF GULF STREAM 127
MR. O'BOYLE: Yeah.
MR. RUDOLPH: Just to ask procedurally.
(Discussion off the record.)
MR. RUDOLPH: Let's go back on the record.
THE WITNESS: Do I open these up?
MR. RUDOLPH: You do what you need to to
respond to his question.
A. Okay. I feel somewhat comfortable these
are the documents, some I can't be for sure, I'm not
sure, but the ones I --
Q. Excuse me one second, Mr. Thrasher. There was
a exhibit that was missing and I actually had it and I
thought I gave it to Ms. Hanna and it's still missing; is
that now part of that package? We still don't have it.
MR. RUDOLPH: Off the record.
(Discussion off the record.)
BY MR. O'BOYLE:
Q. Mr. Thrasher, I'm going to give this to you,
that's a Minor deposition exhibit, 8K, that we somehow
had misplaced and Mr. Randolph was kind enough to give us
a copy out of his deposition.
A. Okay. Question?
Q. Yes. I'm sorry, I thought I asked the
question at the outset. Are there any --
A. Oh, yeah.
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WILLIAM H. THRASHER, CGFO Vol. II
O'BOYLE vs. TOWN OF GULF STREAM
June 19, 2013
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1 Q. You should have two piles of exhibits in front
2 of you, one from the Minor deposition and one from the
3 Thrasher deposition of Monday; would that be correct?
4 A. Yeah.
5 Q. Okay. Are there any in the minor pile that
6 are not in the Thrasher pile?
7 A. No. No.
8 Q. No? So I assume then --
9 A. Oh, wait. Ask me that again. Are there
10 any in the Minor that's not in the Thrasher? No.
11 Q. Okay. And are there any in the Thrasher pile
12 that are not in the Minor pile?
13 A. Yes. Oh, wait.
14
Q.
Okay.
15
A.
Ask me that again.
16
Q.
Are there any exhibits or any documents in the
17
Thrasher
pile that are not in the Minor pile?
18
A.
Yes.
19
Q.
Okay. I apologize for the confusion.
20
A.
This is one.
21
Q.
Would you be kind enough to share it?
22
MR. RANDOLPH: Excuse me, where's 8K? Do
23
you
want to staple it? Before we get lost, do
24
you
want to staple it?
25
MR. O'BOYLE: Sure.
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WILLIAM H. THRASHER, CGFO Vol. II
O'BOYLE vs. TOWN OF GULF STREAM
June 19, 2013
129
1 BY MR. O'BOYLE:
2 Q. May I see it?
3 A. Yes.
4 Q. The document that is in the Thrasher and not
5 in the Minor pile has been identified as Plaintiff
6 Exhibit 3; is that correct?
7 A. Yes.
8 Q. Okay. And this document is called, "Part 1.
9 Application Requirements," and there's 24 typewritten or,
10 I'm sorry, 24 rows of which 23 of them have a
11 description, the 24th is left blank under the heading
12 "Application Material," and at the top under "Review and
13 Approval Processes" there are 16 of which 15 have what
14 I'm going to call "headings" or "titles," and the 16th
15 just says, "Other."
16 At the top there's writing next to where it
17 says, "Town of Gulf Stream, Mark Timothy," and underneath
18 that, 113211 NOB, LLC," and then, "address 3211 NOB," and
19 a received stamp of February 14th; does that look correct
20 to you?
21 A. Yeah.
22 Q. Okay.
23 A. Yes.
24 Q. Is this part of an application?
25 A. It is -- I'd say, yes.
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WILLIAM H. THRASHER, CGFO Vol. II June 19, 2013
O'BOYLE vs. TOWN OF GULF STREAM 130
1 Q. Okay. And the writing on there, whose writing
2 would that be?
3 A. Some of it is mine and I believe Rita's.
4 That may be Rita's writing that says, "Mark Timothy,
5 3211 NOB, LLC," all the rest is mine.
6 Q. Okay. And --
7 A. I'm sorry, no, that's incorrect. The
8 dates that you see on the column of it actually says,
9 "received," that is also I believe Rita's writing,
10 that is not my writing.
11 Q. Okay. And where did that document come from?
12 A. Pre -app; pre -application meeting.
13 Q. Okay. Before the pre -application meeting
14 where did it come from?
15 A. The blank form you mean?
16 Q. No. Between the blank form and pre -app
17 meeting I think - I say, "I think," I don't know - but
18 there had to be some occurrences. It was submitted to
19 Fred who then reviewed it who submitted it to Ted who
20 then collected a fee from Ned and so that's what I'm --
21 The sequence; what happened?
22 A. The applicant came in to apply for
23 approval on a project.
24 Q. Okay. And when he came in, did he have the
25 application filled out?
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WILLIAM H. THRASHER, CGFO Vol. II
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A. No, no, it was not filled out.
Q. Okay. So he started with coming in and
getting a blank application?
A. He came in to discuss an application and
we provided this document to him after that of the
things that he would need to proceed.
Q. Okay. So the applicant came in. And that
applicant, would that have been Mr. Pulte himself?
A. I believe Mr. Pulte and his architect came
in. He might have -- He might have also had his
landscape architect, I cannot be for sure.
Q. Okay. So if I said --
A. I'm for sure the architect and the owner
were here.
Q. Okay. So they came in and then he gave them
the application?
A. I gave them this document --
Q. Okay.
A. -- completed, circled, letting him know
Q. Now, my recollection is, and I may be wrong,
that the application was a packet --
A. Correct.
Q. -- of multiple pages.
A. Yes.
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WILLIAM H. THRASHER, CGFO Vol. it
O'BOYLE vs. TOWN OF GULF STREAM
June 19, 2013
132
1 Q. When you gave him and his architects or the
2 folks he was with, just generally stated, did you give
3 him more than that or just that?
4 A. Just this.
5 Q. Okay. Did you ever give him the balance of
6 the package?
7 A. Oh, yes, we gave him a -- Absolutely. We
8 gave him a Level 3 application blank form packet.
9 Q. And when did you do that?
10 A. Same time as we gave him this.
11 Q. Okay. So concomitant with Exhibit B you gave
12 him a Level 3 application form?
13 MR. RANDOLPH: Is that Exhibit 3, Marty?
14 MR. O'BOYLE: I said, "Exhibit 3." I'm
15 sorry. Yes, Exhibit 3, I'm sorry.
16 A. Yes.
17 Q. Okay. And my recollection, which again could
18 be wrong, are there different applications for 1, for 2,
19 for 3, or are they one size fits all and you only fill
20 out a certain section?
21 A. There are three different levels, each
22 have different forms.
23 Q. Okay.
24 A. In one case, Level 1 is just a single
25 sheet of paper, Level 2 has a packet with
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WILLIAM H. THRASHER, CGFO Vol. II June 19, 2013
O'BOYLE vs. TOWN OF GULF STREAM 133
1 instructions, Level 3 is a different packet.
2 Q. Okay. So you have then three different
3 packets for three different levels.
4 A. Correct.
5 Q. Okay. May I have that back?
6 A. (The witness complied.)
7 Q. The top part where it says, "Part 1," it has
8 X's, and it looks like numbers 1, 2, 5, 10, and 14; does
9 that look right to you?
10 A. One, 2, 5, 10, 14.
11 Q. Yes?
12 A. Yes.
13 Q. Okay. Could you show me No. 1?
14 A. May I see it again? Could I show you No.
15 1, which is a North Ocean Overlay Permit? That would
16 be a -- Normally it would, I believe, only be a Level
17 2, but I don't have it here. I don't have it here,
18 no.
19 Q. Is there one?
20 A. Yes.
21 Q. Okay.
22 A. I'm just not clear right now whether it's
23 a Level 2 or Level 3.
24 Q. Okay, but unless I'm -- I don't understand, so
25 please excuse me if I say something that doesn't sound
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WILLIAM H. THRASHER, CGFO Vol. II
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right, but whether it's a Level 2 or a Level 3, if there
is one, it doesn't know whether it's a Level 2 or a Level
3, it either exists or it doesn't exist.
A. It's a packet that we would give them
which has a composite of things required to obtain a
North Ocean Overlay Permit.
Q. I see, but has the permit been issued?
A. This approval for the entire application
has been issued, which includes all of these items
listed, 1, 2, 5, 10, and 14.
Q. Right, but has the permit been issued?
A. I don't know. I believe it has, yes.
Q. Okay.
A. Yes.
Q. And is it in either your or Mr. Minor's - the
two piles of exhibits that we started the day with?
A. No.
Q. Why would it not be there?
A. I think that the date of this application
is after the public records request. It is an item
which is handled through an individual in our office
that I review and make sure that the items that
individuals applying for a permit have been provided
and that they meet the - and are the same that which
is requested by the applicant.
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WILLIAM H. THRASHER, CGFO Vol. II June 19, 2013
O'BOYLE vs. TOWN OF GULF STREAM 135
1 Q. Okay. And is there a date on that?
2 A. No. It was received February 14, 2013.
3 Q. Okay.
4 A. I don't know the date.
5 Q. And the request was made April 15th, so it was
6 before the request.
7 A. What, this?
B Q. Yes.
9 A. This document, yes.
10 Q. Okay.
11 A. I don't know about the permit itself.
12 Q. I see. I see. So what you're saying is the
13 application was February 14th, the request was
14 April 15th, the date of the permit is unknown.
15 A. Yes.
16 Q. Okay.
17 A. I mean, I assume April 15th is the correct
18 date. A permit would not be issued until after
19 approval was provided through the Town Commission,
20 whenever that was.
21 Q. Okay.
22 A. Seems like it was in May the final
23 approval was given on that.
24 Q. Okay. And would the same be true for the Land
25 Clearing Permit?
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WILLIAM H. THRASHER, CGFO Vol. II
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A. That's a request that the applicant is --
Yes, yes, same thing.
Q. And the Demolition Permit?
A. I am not certain of the date of the
Demolition Permit, but after final approval of the --
Q. Okay.
A. -- provided by the Commission.
Q. And the Site Plan Review Level 3, what would
be the date that the Site Plan Review Level 3 would have
been obtained, gotten? I'm not sure what the proper word
is.
A. The approval process would have been heard
in a public hearing by the Commission and some time
after that approval permit application could be
applied for by the applicant or owner.
Q. Okay. When the Town Commission approves a
Demolition Permit, a Variance, Site Plan Review, Land
Clearing Permit, Overlay Permit, is it memorialized in
any place?
A. It would be in our minutes. There would
be a transmittal letter to the owner of record, the
hearing and results of hearing, that's what I can
think of at this moment.
Q. And when the approval is made by the
Commission -- As an example, if you make an inquiry to
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WILLIAM H. THRASHER, CGFO Vol. II
O'BOYLE vs. TOWN OF GULF STREAM
June 19, 2013
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1 the FAA and they say, "Okay," you might have to wait
2 1B months for a response. The Commission, do they
3 respond that afternoon, the next morning? You strike
4 me --
5 A. The Commission --
6 Q. -- as very, very prompt.
7 A. -- doesn't do anything to respond. The
B approval given, if given, is at a commission level or
9 at a public hearing and their engagement after that
10 is over.
11 Q. Okay. I'm reading here where it says
12 Commissioner Dering moved and Commissioner Stanley
13 seconded to approve the Level 3 - I'm just going to
14 abbreviate. This is from the minutes of April 12, 2013,
15 and this is on Page 4.
16 A. Okay.
17 Q. They seconded to approve the Level 3
18 Architectural/Site Plan Review to permit the construction
19 of a home with a swimming pool and a roof pursuant to the
20 type of manufacturer displayed here, all voted aye. Does
21 that constitute the Site Plan Review Level 3 or is there
22 something that eight years from now Mr. Pulte could pull
23 out of his file and say, "Yeah, I received it. Here it
24 is right here"?
25 A. I'm sorry, I don't understand the
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WILLIAM H. THRASHER, CGFO Vol, II
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question.
Q. Okay. My experience is that when there is an
approval from a government there's usually a resolution.
I don't see that here and I don't know why, but I'm not
going to go into why. But it would seem to me that the
applicant would want something for his file to show that
he obtained the requisite approvals because the last
thing you want to do is build a 10,000 -square foot house
and find out that you didn't have the approvals or you
didn't have the approvals that you thought you had.
A. Well, a letter is provided to them at the
conclusion of the meeting, the results of the
approval process. They would not obtain a permit -
would not be able to obtain any of those permits
requested without first being approved by the
appropriate Board --
Q. Okay.
A. -- or Commission.
Q. And if the letter was approved or was issued
at the conclusion of the meeting, who drafted the letter
or who would have drafted the letter?
A. Rita, town clerk.
Q. Okay. And how would she have known to draft
it or would she draft multiple letters like, "Your
request is denied," "Your request is approved," "Your
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WILLIAM H. THRASHER, CGFO Vol. II June 19, 2013
O'BOYLE vs. TOWN OF GULF STREAM 139
1 request is conditionally approved"; how would she know
2 until after the vote?
3 A. She wouldn't know until after the vote.
4 Q. Okay. So when the vote was over, she would go
5 back to her office while everything is fresh in her mind
6 and type the approvals?
7 A. She would type the approvals at some point
8 in time, yes, after the approval.
9 Q. And some point in time?
10 A. Uh-huh, could be a day, could be a week,
11 could be three days.
12 Q. Okay. And is there any way to know when that
13 point in time is?
14 A. Yes, the letter's dated.
15 Q. Okay. Now, the letter that we're talking
16 about, was it produced by either you or Mr. Minor?
17 A. The letter of - notifying them the results
18 of the meeting?
19 Q. Of the Architectural/Site Plan Review
20 approval.
21 A. The town clerk would compose a letter
22 indicating what was approved and any listing of
23 conditions associated with that approval. Is that
24 what you're referring to, whether Marty Minor and
25 myself would draft such a letter?
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WILLIAM H. THRASHER, OGFO Vol. II
O'BOYLE vs. TOWN OF GULF STREAM
1 Q. No. What I'm asking is: The letter
2 notwithstanding who drafted it --
3 A. Okay.
4 Q. -- should be here, should it not?
June 19, 2013
140
5
A.
No.
6
Q.
And why not?
7
A.
Either one of -- Neither Marty nor myself
8
created
that document.
9
Q.
Okay. Who would have signed the document?
10
A.
Rita Taylor.
11
Q.
The hierarchy here, for lack of a better
12
phrase,
if I called you the boss, would that be the right
13
phrase?
14
A.
No.
15
Q.
Okay. Who's the boss?
16
A.
Town Commission.
17
Q.
Okay.
18
A.
The City.
19
Q.
Okay. The Town Commission, by the way, what
20
form of
government is this?
21
A.
Commission manager form of government.
22
Q.
Okay. I don't know what that is, but that's
23 (fine.
24 You are the town manager?
25 A. I am.
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WILLIAM H. THRASHER, CGFO Vol. II June 19, 2013
O'BOYLE vs. TOWN OF GULF STREAM 141
1 Q. Okay. What are your duties as the town
2 manager?
3 A. Duties and activities; is that your
4 question?
5 Q. No. I said, "duties," but we can add
6 "activities," that's fine.
7 A. Generally speaking, the day-to-day
8 operation of the City, the Town, all of the policies
9 set forth by the Commission. I am engaged in just
10 about everything that could take place, not always
11 engaged, but from dealing with outside bodies,
12 contract examination, storm drain examinations,
13 cleaning the bathrooms.
14 Q. You clean the bathrooms?
15 A. I have.
16 Q. Do you use Lestoil?
17 A. Pardon me?
18 Q. Do you use Lestoil?
19 A. I believe it is, yes.
20 Q. What do you do with the storm sewer?
21 A. Inspections; during hurricanes I can
22 remove debris so that they discharge, sometimes they
23 get blocked up.
24 Q. There's a Public Works Department here, is
25 there not, Mr. Thrasher?
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1 A. We have a roads and street individual,
2 maintenance.
3 Q. Okay. But as an example, if there were a
4 clogged manhole --
5 A. Storm drain.
6 Q. -- sewer pipe, would it fall under their
7 auspices, your auspices, or both; yours as their superior
8 commanding them?
9 A. I would ask them to do that in a hurricane
10 event. It's everybody doing what they can.
11 Q. And in a non -hurricane?
12 A. Primarily, I would request that of the -
13 of the maintenance personnel, but in a non -hurricane,
14 non -rain event the drains are always fairly clean.
15 Q. The policies set forth by the Commission --
16 A. Yes, they are.
17 Q. -- are they -- I'm sorry if I interrupted you.
18 A. No, I thought you asked me a question, but
19 it must not have been a question.
20 Q. It was the first half of a question.
21 A. Okay.
22 Q. The policies invoked or set forth by the
23 Commission, are they memorialized any place?
24 A. In different places; the minutes,
25 sometimes we have specific written policies that we
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1 have established, sometimes they are simply direction
2 given to the manager from a consent, general
3 consensus of the Commission, but we do have policies
4 that some policies that are written, and also if
5 they're not written they could be in the minutes.
6 Q. I've read this file which I'm showing you,
7 it's about, I don't know, 3 inches deep, and it has about
8 18 months' worth of commission minutes.
9 A. Okay.
10 Q. I didn't see any directives. Now, it could be
11 I missed it. Could you think of any directives or
12 policies or anything that they've given you in the last
13 18 minutes (sic)?
14 A. Eighteen minutes?
15 Q. Or 18 months. Did I say, "minutes"?
16 A. I believe there have been, but I cannot
17 recall specifically what they are. I -- I don't
18 remember anything.
19 Q. You're the code enforcement officer, are you?
20 A. That falls under my jurisdiction.
21 Presently we do have a code enforcement officer.
22 Q. Who would that be?
23 A. Officer David Ginsberg.
24 Q_ And I must tell you that's a name that I've
25 heard for the first time in the 30 -some years that I've
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WILLIAM H. THRASHER, CGFO Vol. II
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lived here. Who is David Ginsberg?
A. He is a sworn officer, retired full time -
from full time work and has been serving the Town
part-time as a code enforcement officer.
Q. And when was he appointed?
A. Maybe four to six years ago.
Q. The Town Commission, you rattled off - and
that's my word, not yours - how they relay things. I
think you said minutes.
A. Memorialize I thought you asked me.
Q. Yes. Yes. How are they -- Let me ask you a
different way then: How were they transmitted to you --
A. I attend --
Q. -- their policies?
A. Written policies are presented in a policy
form for their approval, those written policies are
established and filed.
Q. And are the written policies established by
way of a resolution, an ordinance, a letter, or in the
minutes, or any way?
A. They are approved by a vote of the
Commission, not by resolution, but by a motion that's
made by one of the commissioners, seconded and
approved, and then initiated.
Q_ So everything is done through the minutes?
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1 A. Everything is done through a public
2 meeting. Some -- Some situations where there is a
3 written policy, it definitely would be part of the
4 minutes.
5 Q. What is the Commission's policy in connection
6 with public records requests?
7 A. They would expect that the custodian of
8 the records fulfill the legal obligations.
9 Q. And is that written someplace?
10 A. No, I think it's Florida Statute, so not
11 everything related to the law is stated in a policy.
12 It is part of our oath to abide by the Florida
13 Statutes, laws when we are employed or when we start
14 employment.
15 Q. How about the Florida Constitution?
16 A. Same, same.
17 Q. So you've sworn to abide by the Florida
18 Constitution?
19 A. Yes.
20 Q. Okay. Have there been any discussions
21 whatsoever -- I understand of late there's been somewhat
22 of a flurry of public records documents that people are
23 starting to have a desire to learn about the
24 interworkings of the Town. Has there been any discussion
25 at all that you've heard from any of the commissioners in
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1 that connection?
2 A. Yes.
3 Q. Would you share those with me?
4 A. We communicate to our mayor, try to
5 communicate with her every public records request,
6 notifying her of that situation, and in that
7 notification there are general conversations, you
8 know, about the specific request, and very little
9 conversation, actually.
10 Q. Does the mayor ever express concern about the
11 number of requests?
12 A. She primarily expresses concern as it
13 relates to our budget that could, in essence, be
14 driven by all those public records requests, wanting
15 to know the position of our budget as it relates to
16 these - fulfilling of public records requests, that's
17 primarily it.
18 Q. Now, I've reviewed your budget and I don't
19 recall - I think I've been to every meeting this year,
20 but I'm not 100 percent sure, but I think I have - and I
21 don't remember one meeting where there was any amendment
22 or proposed amendment to the budget to handle any
23 increased costs as a result of any records requests, do
24 1 you?
25 I A. Not specifically about public records
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1 requests, no.
2 Q. Okay. When you say, "not specifically about
3 public records requests," I take that as a qualifying
4 answer. What do you mean without the qualification?
5 Take out the "not specifically."
6 A. Well, I take the public records requests
7 is somehow associated with our legal - not -- I
8 believe the public records requests is associated
9 with our legal and professional expenses.
10 Q. How could that be?
11 A. In some instances it has required the
12 assistance of our attorney. This particular public
13 records request - obviously we have our attorney
14 here.
15 Q. And a good looking fellow he is.
16 A. So that associated cost.
17 Q. Now, the mayor is concerned about the budget,
18 she's sensitive to it?
19 A. I believe all commissioners are.
20 Q. Okay.
21 A. That's why they ask for a budget report
22 levery month.
23 Q. The last commission meeting or the prior one -
24 and I don't remember which one it was - there were two
25 proposed, I'm going to say, ordinances, resolutions,
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1 budget alterations, but something akin to that; one to
2 increase the budget but for the legal by I think $40,000
3 or $50,000 and one to increase by $100,000.
4 The one to increase by the $40,000 or $50,000
5 I think was to be taken out of a reserve fund and the one
6 for$100,000 there was no place to take it from; is that
7 - am I correct, first of all, that -- I guest we'll start
8 off at the beginning. Was there a resolution or document
9 akin to that where the commissioners voted on an increase
10 in legal expenses and professional of either, "We're
11 going to increase either $40,000 or $50,0000 or, option
12 B, $100,000"; is that correct?
13 A. Yes.
14 Q. Okay. Did that come as a shock to them?
15 A. I think -- I -- I don't know. You would
16 have to ask them. I -- I don't know. It would be a
17 shock -- It was a shock to me.
18 Q. Unless somebody told you about it in advance,
19 of course.
20 A. I -- I say -- Well, they -- Prior to the
21 actual meeting all documents and the two documents
22 that you're referring to, resolutions, were provided
23 to each commissioner one week prior to the meeting,
24 so in that regard at the time of the meeting perhaps
25 they were not shocked.
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1 1 Q. Okay. So they had time to have the shock wear
2 1 off?
3 A. You know, I don't know if they had shock.
4 You know, I don't know --
5 Q. I understand.
6 A. -- Mr. O'Boyle.
7 Q. I understand.
8 A. But I do know we distribute documents
9 prior to a meeting so that they're not unaware of
10 what the agenda will be dealing with.
11 Q. I understand.
12 MR. RUDOLPH: Excuse me, may I take a
13 restroom break or would that interrupt your
14 train of thought?
15 MR. O'BOYLE: If I can too.
16 (Short break.)
18 Q. Was it $40,000 or $50,000 the first -- I know
19 the second one was $100,000. Was the first one $40,000
20 or $50,000; do you recall, Mr. Thrasher?
21 A. I recall I think it to be $80,000.
22 Q. Now, the second one was $80,000 and $20,000
23 for $100,000.
24 A. Yes, and the other was I think a total of
25 1$80,000 - $60,000 and $20,000.
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1 1 Okay. I think you're incorrect, but that's
2 fine. We can --
3 A. That's fine.
4 Q. We can go with that.
5 Whose brainchild was that, meaning why not
6 $30,000 and $10,000 or $70,000 and $15,000 or $60,000 and
7 $30,000? Why those two numbers?
8 A. Those were just my estimates as to what I
9 am hoping the total budget will endure as of
10 9/30/2013. They may -- What was finally approved may
11 turn out to be accurate or it may turn out to be
12 inaccurate. It's my -- It was my recommendation and
13 concept to provide two different resolutions,
14 different levels of expenditures for their
15 consideration.
16 Q. Much to my surprise, I read a day or two later
17 in the Coastal -- Coastal Star?
18 A. I believe it is.
19 Q. Yes -- that Gulf Stream passed $100,000 in
20 additional funding to get ready for a war or to finance a
21 war. You speak to the reporter, do you not, from time to
22 time, with the Coastal Star?
23 A. Very seldom, but the answer's, yes. I get
24 calls from them all the time, not all of them do I
25 respond to.
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WILLIAM H. THRASHER, CGFO Vol. II June 19, 2013
O'BOYLE vs. TOWN OF GULF STREAM 151
Q. Where did they get a war? When I saw that
they were preparing for a war my first reaction was, with
whom?
A. I don't know where they got that. They
didn't -- If you're asking me if I stated it or said
it - are you asking me that question?
Q. I'm asking if you know where they --
A. No, I do not know.
Q. Okay. Did you read it?
A. Yes.
Q. And when you read it did you make inquiry
around the town hall with either the employees or any of
the commissioners?
A. No.
Q. You weren't curious?
A. No.
Q. Okay. Well, if you find out, let me know
because I'm curious.
How are you going to pay for the $100,000?
A. The resolution indicated it would come
from reserve savings.
Q. It would come from where, I'm sorry?
A. Reserve savings.
Q. You're talking about savings, meaning we have
$20,000 for copy paper and we're going to cut to it
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1 $10,000 so there would be a savings of $10,000?
2 A. No.
3 Q. Okay.
4 A. The resolution indicated it would come
5 from the fund balance, I believe, unappropriated
6 funds.
7 Q. But that was the first part; am I correct?
8 Because the first part, as I recall, there was enough
9 money, but the second part was unfunded.
10 As a matter of fact, Mr. Dering, which I can
11 read to you what he said, he said it was unfunded, so
12 what difference did it make what the amount is because
13 we're going to spend whatever is necessary and we'll take
14 it from wherever we can? I mean, these are my words, of
15 course, not his, but generally stated, isn't that what he
16 said?
17 A. I believe he said something --
18 MR. RUDOLPH: Mi. O'Boyle, can you advise
19 us how you believe these questions are
20 reasonably calculated to lead to discoverable
21 evidence in this case?
22 MR. O'BOYLE: I'm sorry?
23 MR. RUDOLPH: Can you advise us how you
24 believe this line of questioning is reasonably
25 calculated to lead to discoverable evidence in
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WILLIAM H. THRASHER, CGFO Vol. II June 19, 2013
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this case?
MR. O'BOYLE: I can, but not at this time.
MR. RUDOLPH: Okay. Well, I don't believe
that it is reasonably calculated to lead to
discoverable evidence.
MR. O'BOYLE: Okay. And I don't believe
in Santa Clause, so I would say we're even.
BY MR. O'BOYLE:
Q. If you run out of the $100,000 and you have to
go into additional funding, what happens?
A. Depending on the overall performance of
the Town, additional funding would be required from
unreserved, unappropriated funds.
Q. And where would that money come from?
A. The terminology commonly assigned to that
location is "unassigned fund balance."
Q. Okay. And that means where it comes from no
one knows as of today; is that correct?
A. No.
Q. Okay. Can you just help me out with this?
A. Only to repeat that it comes from what is
commonly referred to as "unassigned fund balance."
Q. Okay. At what --
A. Some may --
Q. Go ahead. I'm sorry.
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WILLIAM H. THRASHER, CGFO Vol. II
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A. Some may have an easier understanding by
saying that there's a surplus of funds from previous
years' performances. It is a balance that's carried
forward and can only be used as appropriated by the
Commission.
Q. Okay.
A. It's not budgeted.
Q. Okay. At what point does it hit the
taxpayers?
A. It -- Actually, all expenditures hit the
taxpayer.
Q. So this $100,000 - which I hope we don't spend
'cause I'm a taxpayer - of course, if we did spend it the
taxpayers would be responsible for that $100,000?
A. The generation of the unassigned fund
balance is from previous years and the millage rate
that is charged to each taxpayer and the net revenues
surpluses that are performed - that is performed in a
particular fiscal year.
Q. Okay.
A. But all monies that come into the Town
are, in essence, residents' money, a trust fund, a
trust account.
Q. I see. We talked a little bit about Chapter
119 yesterday (sic) and I don't remember the answer to
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1 this, and if you answered it, please excuse me: Had you
2 read Chapter 119?
3 A. I had.
4 Q. Have you had any courses on Chapter 119?
5 A. I have not.
6 Q. Are you a member of -- I grew up in New
7 Jersey, they call it the "League of Municipalities" and
8 all the clerks and managers and mayors get together; is
9 there such a group in Florida?
10 A. In Florida there is the Florida League of
11 Cities.
12 Q. Okay.
13 A. In Palm Beach County there is the Palm
14 Beach County League of Cities.
15 Q. And you are a member of both?
16 A. I believe I'm considered a delegate, a
17 voting delegate --
18 Q. Okay.
19 A. -- for each.
20 Q. So you would be a member?
21 A. No.
22 Q. No, just a voting delegate?
23 A. Yes.
24 Q. Okay. Do you ever go to some of their
25 symposiums or round table discussions or seminars and so
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WILLIAM H. THRASHER, CGFO Vol. II
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2 1 A. Yes.
June 19, 2013
156
3 Q. Do they ever have any seminars, symposiums,
4 round table discussions and so forth about Chapter 119?
5 A. There are discussions, seminars on -
6 available to newly elected officials as it relates to
7 the Sunshine Law and I believe Public Records Law.
8 Q. The Sunshine Law; you've heard of the Sunshine
9
Manual?
10
A.
Yes.
11
Q.
Have you ever read
it?
12
A.
I could not say I have
read the entire
13
document.
I have read a great
deal of it, read
14
portions
of it.
15
Q.
What did you glean
from it, may I ask?
16
A.
That decisions are
to be made in public
17
hearings.
18
Q.
I'm sorry, decisions
in public hearings?
19
A.
Decisions affecting
the residents of the
20
Town in the
town would be made
in a public hearing,
21
public forum.
22
Q.
Okay. Did it talk
about open meetings?
23
A.
Yeah.
24 Q. Have you had any communications with more than
25 one commissioner at any time?
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1 A. No. At the same time you mean?
2 Q. Yes. As an example: Assuming myself and
3 Marrett are commissioners for the moment, I write an
4 e-mail to you and Marrett, have you ever had that
5 situation?
6 A. (Witness shakes head.)
7 Q. Never?
8 A. No.
9 Q. Okay. Have you ever written a communication
10 to more than one of the commissioners?
11 A. Yes.
12 Q. Okay. And can you tell me about that?
13 A. Generally speaking, those documents that I
14 might put together, there are very few, but could be
15 a follow-up request or a follow-up of a commission
16 meeting information that they may have wanted and
17 that communication goes to - goes to all
18 commissioners. It is not a communication asking for
19 input, but making or provide - making statements,
20 providing information, not asking for any opinions or
21 decisions.
22 Q. The "Red Book," the Town Code, "The Code," as
23 I would call it - I know it has a longer name than that -
24 my recollection is that at the beginning of that there is
25 some type of manual referred to, like CMH or CHMH; ring a
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WILLIAM H. THRASHER, CGFO Vol. II
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A. The only manual -- It doesn't ring a bell.
I -- I think sometimes the Design Manual, Section
Q. No, this would be early on in the -- I can
picture it, it's on the left-hand side towards the bottom
of a -- We don't have one of the books, do we?
A. I'm sorry.
Q. You just don't remember?
A. I don't --
Q. Okay.
A. I do not know what you're referring to.
Q. That's fine.
The Sunshine Manual that we spoke about, do
you have a copy of it?
A. I believe I do, but I can't be for
certain.
Q. Pardon?
A. I believe I do. I'm not certain.
Q. Would it be an electronic copy if you do or
would it be a hard copy?
A. Hard copy. I'm not stating that as a
fact. I'm just saying I do believe I have a copy.
Q. In other words, what you're saying - I don't
want to put words in your mouth - is you think you have a
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1 copy and if you do it's a hard copy?
2 A. That, yes. Correct.
3 Q. Okay. The documents in the Thrasher pile
4 where we started today compared to the Minor pile, you've
5 said that you've examined them and they're identical?
6 A. No, I didn't say that.
7 Q. Okay. Then I apologize. What is the
8 difference?
9 A. I believe these documents here are in my
10 pile don't appear in minor's pile, including that
11 one, yes.
12
Q.
I think this was the only one --
13
A.
No, these.
14
Q.
All of those do not --
15
A.
I believe so, yes.
16
Q.
Okay. I'm sorry, I thought it was just 3.
17
A.
One. That's one.
18
Q.
Yeah, but that was Exhibit 3, I'm sorry.
19
A.
3B is definitely one.
20
Q.
Why was this Exhibit 3, which you've had since
21
February
14th, and we're here on a records request that
22
was submitted
April 15th, why was this not turned over?
23
A.
I don't know that it wasn't. You would
24
have to
check with the clerk on that. You don't have
25
it?
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1
Q.
I don't have it.
2
A.
I don't have an answer.
3
Q.
How does it work? Yesterday, or Monday, I'm
4
sorry, you
said something like, "I have an O'Boyle file
5
in my e-mails."
6
A.
Yes.
7
Q.
Is that fair?
8
A.
I have an O'Boyle public records file,
9
yeah.
10
Q.
Okay. Just a public records file?
11
A.
I -- I don't understand the question.
12
Q.
Okay. Well, I have kind of a Randolph file
13
that has a
public records file, it has the constitutional
14
cases that
he loses in, it has the commissioners, his
15
actions with the commissioners and so forth; is yours
16
just limited to the public records?
17
A.
Well, actually, I believe everything on my
18
computer is public record --
19
Q.
Okay.
20
A.
-- but I do sort certain things out for
21
convenience.
22
Q.
Now, if I sent you a public records request
23
today, would it go in the O'Boyle file?
24
A.
No. I would let that stay with the clerk
25
and she would address me.
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1 Q. Well, what would then - 'cause all of them go
2 to the public records file; what would go into the
3 O'Boyle file?
4 A. I mean, as a type, an example; is that
5 what you mean?
6 Q. Yes. Okay.
7 A. E-mails that we have had going back to - I
8 believe going back to the expense approval when you
9 and I started communicating by e-mail, those are in
10 that folder, primary - primarily e-mails that's
11 related to you. There could be, for example, e-mails
12 from Marty Minor that is dealing with some items
13 associated with you, but I guess --
14 Q. Would they be in the O'Boyle file?
15 A. -- it boils down to e-mails. Pardon me?
16 Q. Would they be in the O'Boyle file?
17 A. Anything with your name on it.
18 Q. But it's dealing with Marty Minor and me --
19 A. Yeah, put it --
20 Q. -- in my file?
21 A. Yes.
22 Q. That's fair enough.
23 And if I were to be a fly on the wall in your
24 office - and, by the way, I have no intention of being a
25 fly on the wall - and I had saw your normal day of
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1 activity, what percentages of your documents that come in
2 are electronic?
3
A.
I would guess -- I would guess 70 percent.
4
Q.
Okay. And what happens to the other 30, do
5
they get
scanned?
6
A.
Some are magazines.
7
Q.
Okay. Let me clarify it. Aside from what I'm
8
going to
call "junk mail" --
9
A.
Okay.
10
Q.
-- and that would be newspapers, magazines,
11
circulars, that kind of stuff; business, what percentage
12
of those
documents are electronic?
13
A.
Maybe 80 percent. I'm just guessing here.
14
I don't know.
15
Q.
Right.
16
MR. RUDOLPH: You're not required to guess
17
an answer if you don't know.
18
A.
Oh, then I don't know. Thank you.
19
Q.
Yesterday, can you remember any documents that
20
you received that were not electronic?
21
A.
I don't know. I don't know.
22
Q.
You can't think of any?
23
A.
I don't know.
24
Q.
When you say you don't know, I'm assuming what
25 you're saying is you can't think of any because if you
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1 can think of some you would tell me, fair enough?
2 A. Yeah.
3 Q. Does Rita get copies of your documents?
4 A. No, not all of them.
5 Q. Which ones does she get, which ones does she
6 not get?
7 A. She would get documents, for example, as
8 it relates to applications, documents that would come
9 in requesting payments, an assortment of documents
10 that would come in electrically --
11 Q. Okay.
12 A. -- she gets those.
13 Q. But the ones that do come in electronically to
14 you, as an example, an e-mail from Tom Ledondy
15 (phonetic), would that go to Rita as well?
16 A. Some cases I may forward that to her, but
17 it's primarily on my computer --
18 Q. Right. And why would --
19 A. -- I may communicate to her.
20 Q. Why would you forward it to her?
21 A. It could relate to an application. You
22 know, for example, we wanted to have clarification
23 about a particular item that's been approved and she
24 needs to know that.
25 Q. Got you.
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1 Mr. Ginsberg, the code enforcement officer --
2 A. He's a part-time officer.
3 Q. Right -- what authority does he have?
4 A. Well, that's really a hard question to
5 answer. He -- He's obligated to follow the Florida
6 Constitution, statutes, law enforcement requirements;
7 he has the authority to work within those guidelines.
8 Q. What does that mean, if you don't mind?
9 A. I guess the term would be a sworn officer.
10 He is a Florida sworn officer, what that means --
il Q. No. I'm sorry, maybe I said it wrong. You
12 said, "He has the authority to work within those
13 guidelines."
14 A. The -- Yeah, the Florida -- What's
15 prescribed or allowed by Florida law --
16 Q. Okay.
17 A. -- as a sworn police officer.
18 Q. Okay. So I would have said it differently. I
19 would have said he has the obligation to work in
20 accordance with those statutory and constitutional
21 requirements; we're saying the same thing?
22 A. Yes.
23 Q. Okay. Has he ever cited anyone?
24 A. Yes. Has he ever cited? He has given me
25 incident reports where - and other officers as well.
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WILLIAM H. THRASHER, CGFO Vol. II
O'BOYLE vs. TOWN OF GULF STREAM
June 19, 2013
165
1 Q. Other --
2 A. But the citing --
3 Q. -- meaning police officers?
4 A. -- incidents -- Pardon me?
5 Q. When you say, "other officers," you mean other
6 police officers?
7 A. Yes. Any incident report that is not
8 exempt from my view is provided to me each day.
9 Q. So he provides you a report.
10 A. Actually, he individually, personally,
11 directly does not provide me that report. It's
12 provided to me by the chief of police.
13 Q. I see. And give me an example of a report
14 that the chief of police may provide to you in his
15 connection.
16 A. I may observe a vehicle, contractor's
17 vehicle, that does not appear to be registered in
18 town. I would ask the chief to have somebody
19 evaluate or investigate that to determine if they're
20 registered. Sometimes, because Officer Ginsberg is
21 part-time only, the next available officer would look
22 into that for me. Usually I get a verbal response,
23 but the following morning I have a - typically I have
24 a written report on that, yes.
25 Q. And when a code violation is issued, you sign
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WILLIAM H. THRASHER, CGFO Vol. II June 19, 2013
O'BOYLE vs. TOWN OF GULF STREAM 166
1 1 it?
2 A. Yes, that we -- Yes.
3 Q. If you had a personal animus for a particular
4 property owner* --
5 A. If I had a personal what?
6 Q. Animus.
7 A. Could -- I'm not aware of what that means,
8 could you explain it to me?
9 Q. If you had a disdain, a dislike for a
10 particular property owner --
11 A. I don't have any.
12 Q. But if you had --
13 A. I don't.
14 Q. Okay. But if you did --
15 A. I would not.
16 Q. Okay. But if you did --
17 A. I'm not going to answer that; I do not, I
18 will not.
19 MR. RUDOLPH: Well, let him finish the
20 question.
21 BY MR. O'BOYLE:
22 Q. If you had a personal animus for a resident
23 and you felt he was in violation, would you recuse
24 yourself and have someone else make that decision or
25 would you do it yourself?
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WILLIAM H. THRASHER, CGFO Vol. II
O'BOYLE vs. TOWN OF GULF STREAM
June 19, 2013
167
A. If I had observed something that I
believed to be in violation of the Code, I would ask
for an incident report and I would act upon the
information provided, that would be my
responsibility, to communicate to the resident of
what we believe to be the circumstances and the
potential violation.
Typically, we provide a courtesy notice
first before any official citing to seek compliance.
If a individual acknowledges a violation, a problem,
or agrees with me on that I usually ask if - are they
then going to comply?
I give them a reasonable amount of time to
comply, and usually 95 percent of the time that
achieves compliance, a courtesy notice, sometimes it
may be simply a telephone call from me, but 95
percent of the time we - we have that type of
compliance through that method.
Q. So if you have a personal animus for someone,
that would not affect you in any respect; is that
correct?
A. That's correct.
Q. Okay. And your job is to make sure that the
Code is being complied with?
A. Yes.
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WILLIAM H. THRASHER, CGFO Vol. II
O'BOYLE vs. TOWN OF GULF STREAM
i
June 19, 2013
168
1 Q. Now, I'm not sure if it was the last election
2 or the election before, but I remember there were some
3 political signs, and my recollection is they were in
4 violation; do you remember anything like that?
5 MR. RUDOLPH: Excuse me. We're at a point
6 where if you want to continue down the road
7 where this does not lead to discoverable
8 evidence in this case we'll stop.
9 I thought -- You know, I've been letting
10 this go on because I was thinking that we were
11 going to finish with Bill today and I wanted to
12 give you every opportunity to finish and I want
13 you to ask all the questions that at least we
14 believe are related to discoverable evidence in
15 this case, and so I haven't been wanting to
16 terminate this deposition, but I would ask you
17 to refrain from asking questions which aren't
18 related to discoverable evidence in this case.
19 MR. O'BOYLE: And --
20 MR. RUDOLPH: I don't see how any of this
21 deals with the production of public records.
22 MR. O'BOYLE: I -- Mr. Randolph, your
23 speeches are wonderful, however, I think they're
24 ill -placed at this deposition.
25 This is my deposition. The rationale, the
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WILLIAM H. THRASHER, CGFO Vol. II
O'BOYLE vs. TOWN OF GULF STREAM
June 19, 2013
169
1 motivation, the thoughts behind my questions I
2 think are all appropriate. Because you do not
3 understand them, that's not something that I
4 could help and I'm not going to give you.
5 You're a seasoned lawyer and I'm not going to
6 sit here and lecture you or try to explain it.
7 If after the deposition is over you would
8 like to send me a letter after you read the
9 transcript raising all the issues that you
10 believe are wrongfully asked, I will give you an
11 explanation, and if you don't like the
12 explanation you can take whatever action that
13 you would like, but in the meantime I am not
14 going to let you unilaterally tell me what I can
15 and I can't do.
16 MR. RUDOLPH: No, and I'm not attempting
17 to tell you that unilaterally. I would preserve
18 that objection for the Court in the event we
19 would have to terminate this because you're
20
going
on long, because I feel the witness is
21
being
harassed, et cetera.
22
I'm letting it go on
because I believe
23
there's
an end in sight to
this deposition
24
today,
at least you've let
me know that. If
25 1 this deposition is going to continue beyond
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WILLIAM H. THRASHER, CGFO Vol. II
OBOYLE vs. TOWN OF GULF STREAM
June 19, 2013
170
1 today, if you feel that it is, then I would
2 terminate it at this point because you insist on
3 asking these questions, but let's go forward and
4 see if you can finish.
5 There's no point in either one of us
6 making speeches on this, but there's -- I'm not
7 talking just to hear myself talk. I truly feel
8 that the questions you're getting into are a
9 fishing expedition and are not reasonably
10 calculated to lead to discoverable evidence in
11 this case.
12 I know that at trial I can raise relevance
13 objections and I will do so at that point. The
14 purpose of this is just to keep you on track so
15 that we can come to some sort of an end to this
16 deposition without it be being a fishing
17 expedition without harassing the witness, that's
18 my second speech. I don't know if you have
19 another one.
20 MR. O'BOYLE: No, I had none, but if you
21 would like to make your third before I get
22 started.
23 MR. RUDOLPH: No, that was only responsive
24 to yours. I will only make a third if you have
25 another one.
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WILLIAM H. THRASHER, CGFO Vol. II June 19, 2013
O'BOYLE vs. TOWN OF GULF STREAM 171
1 MR. O'BOYLE: No, I have none. Thank you.
2 MR. RUDOLPH: Okay.
3 MR. O'BOYLE: Can you read the last
4 question before the Emancipation Proclamation?
5 (The requested portion was read back.)
6 A. No.
7 Q. I'm referring again to Thrasher 3, and it
8 talks about the documents that appear to be conditions
9 precedent to an approval, would that be correct, the
10 circled documents?
11 A. When you refer to conditions of
12 approval --
13 Q. They're necessary before one can get an
14 approval?
15 A. Before they can be heard at a public
16 hearing.
17 Q. That's fine.
18 A. Okay.
19 Q. Correct?
20 A. Yes.
21 Q. Okay. May I have that back?
22 A_ Sure.
23 MR. O'BOYLE: Does this work for you, Mr.
24 Randolph?
25 MR. RUDOLPH: Pardon?
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WILLIAM H. THRASHER, CGFO Vol. II
O'BOYLE vs. TOWN OF GULF STREAM
June 19, 2013
172
1 MR. O'BOYLE: Does this work for you, Mr.
2 Randolph?
3 MR. RUDOLPH: You're on track, I think.
4 MR. O'BOYLE: I feel like it's my
5 birthday.
6 BY MR. O'BOYLE:
7 Q. Item No. 1, Completed Development Application;
8 may I ask where that is?
9 A. I believe the clerk has it.
10 Q. Why was that not produced?
11 A. I don't have it.
12 Q. That's not what I asked you.
13 MR. RUDOLPH: Can I clarify something?
14 MR. O'BOYLE: No. You've done enough
15 testifying for him.
16 A. I did not think that was responsive.
17 Q. Why did you not think it was responsive?
18 A. I -- I didn't create it.
19 MR. RUDOLPH: That's what I'm trying to
20 clarify; responsive to what? Are we talking
21 about the public records request or with regard
22 to his Subpoena Duces Tecum? That's simply what
23 I was trying to clarify because I think there
24 might be some misunderstanding of the witness.
25 That is not testifying for the witness, it is a
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WILLIAM H. THRASHER, OGFO Vol. II June 19, 2013
O'BOYLE vs. TOWN OF GULF STREAM 173
deliberate attempt to clarify a question.
BY MR. O'BOYLE:
Q. The Completed Development Application, does it
have any type of annotations, any type of notes, any type
of comments from either you or from Mr. Minor?
A. No.
Q. Okay. No. 2, fee of $2,265, how did you come
to that fee?
A. We have a schedule of fees that are part
and parcel of the application.
Q. I remember your schedule of fees; what's the
$1500 for?
A.
Level 3
application.
Q.
I see.
Okay. And was
there a receipt given
for this fee?
A. I would say, yes. I don't know.
Q. Okay.
A. Once I complete that document I don't have
anything else to do. I -- I disengage myself --
Q. Okay.
A. -- except for my staff report.
Q. The list of adjacent property owners, No. 19 -
again, this is on Exhibit 3, Thrasher 3 - would you have
prepared that list?
A. No.
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WILLIAM H. THRASHER, CGFO Vol. II
O'BOYLE vs TOWN OF GULF STREAM
June 19, 2013
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1
Q.
Would
you have
signed that list?
2
A.
No.
3
Q.
Would
you have
annotated that list?
4
A.
No.
5
Q.
Would
you have
made any notes on that list?
6
A.
No.
7
Q.
Okay.
May I?
6
A.
Sure.
9
Q.
I'm next
looking
at Thrasher 3B. Mr.
10
Thrasher,
can you
tell me
what that is, please?
11
A.
This is
what I
would refer to as my "staff
12 I report . "
13 Q. Meaning prepared by your staff?
14 A. Prepared by me.
15 Q. Prepared by you, I see. So the records
16 request was provide a copy of any reports or writings
17 authored - I'm abbreviating now - by William Thrasher in
18 regard to 3211 North Ocean Boulevard; would that be a
19 document that was requested pursuant to Request No. 332?
20 MR. RUDOLPH: Excuse me, are you reading
21 from the public records request or his Subpoena
22 Duces Tecum?
23 MR. O'BOYLE: Public records request. I
24 just left out Martin Minor and --
25 MR. RUDOLPH: Would you read the whole
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WILLIAM H. THRASHER, CGFO Vol. II June 19, 2013
O'BOYLE vs. TOWN OF GULF STREAM 175
1 thing?
2 MR. O'BOYLE: Sure.
3 BY MR. O'BOYLE:
4 Q. "Please provide a copy of any reports or
5 writings authorized by Martin Minor or William Thrasher
6 in regard to Application No. 1 on the agenda of the Town
7 commission meeting, dated April 12, 2013, for the
8 premises known as 3211 North Ocean Boulevard, Gulf
9 Stream, Florida."
10 A. And this is a document that I pro - I
11 created.
12 Q. It is?
13 A. Yeah.
14 Q. So would it be in response to this?
15 A. Yeah.
16 Q. Why was it not produced?
17 A. I thought I did produce it.
18 Q. I understand that.
19 A. I thought I was responsive.
20 Q. Okay. Well, you didn't produce it.
21 MR. RUDOLPH: Object to the form.
22 BY MR. O'BOYLE:
23 Q. What makes you think you produced it?
24 A. Isn't it here?
25 Q. Pardon?
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WILLIAM H. THRASHER, OGFO Vol. II
O'BOYLE vs. TOWN OF GULF STREAM
June 19, 2013
176
1 A. It's here.
2 Q. It's here on June the 19th. The request was
3 made April 15th, the lawsuit was filed April 23rd.
4 A. Oh. Can I see that, please, the public
5 records request?
6 Q. Absolutely. Actually I think it's in one of
7 these files, but I'll just do it this way.
8 MR. RUDOLPH: Why don't you just flip it
9 over? He won't look at the others.
10 THE WITNESS: That's all right.
11 MR. RUDOLPH: Do it your way.
12 MR. O'BOYLE: I appreciate that.
13 A. This would be something that the clerk
14 would respond to. I -- I didn't respond to it.
15 Q. Okay. Now, explain to me how the clerk
16 responds to things. Let me be a little clearer: I'm the
17 clerk, I get a records request and it says, "Give me all
18 of Mr. Thrasher's documents regarding the house at 1515
19 Acorn Street," tell me what happens.
20 A. You would have to ask her. I -- I'm sure
21 she responds to the public records request
22 accordingly.
23 Q. Well, she didn't here.
24 MR. RUDOLPH: Object to the form.
25 BY MR. O'BOYLE:
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WILLIAM H. THRASHER, CGFO Vol. II
O'BOYLE vs. TOWN OF GULF STREAM
June 19, 2013
177
1 Q. Do you have any knowledge, any factual
2 information that that document was produced?
3 A. No.
4 Q. Pardon?
5 A. No.
6 Q. No. But you do agree that that document
7 should have been produced?
8 MR. RUDOLPH: Object to form.
9 A. I -- I don't know the answer to that.
10 Q. You already answered it once. Is that
11 document responsive to the records request?
12 A. I don't know what her thought processes
13 1 were.
14 Q. That's not the question I asked you.
15 A. I don't know.
16 Q. Okay. Let's read the records request again.
17 MR. O'BOYLE: And, Mr. Randolph, you would
18 like to know why this deposition takes so long.
19 BY MR. O'BOYLE:
20 Q. Okay. Here's the records request, and I will
21 read it in its entirety because I know that's what Mr.
22 Randolph wants: "Please provide a copy of any reports or
23 writings authored by Martin Minor or William Thrasher in
24 regard to Application No. 1 on the agenda of the Town
25 Commission meeting, dated April 12, 2013, for the
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WILLIAM H. THRASHER, CGFO Vol. II
O'BOYLE vs. TOWN OF GULF STREAM
June 19, 2013
178
1 premises known as 3211 North Ocean Boulevard, Gulf
2 Stream, Florida."
3 A. And what's the question?
4 Q. The question is: Is that document responsive
5 to this request?
6 A. I don't know.
7
Q.
What don't you -- Tell me why you don't know.
8
A.
I didn't perform the action.
9
Q.
I didn't ask you who performed the action.
10
A.
I don't --
11
Q.
I asked you if it was responsive to this
12
request.
Now, do you want me to read the request again?
13
MR. RUDOLPH: No, it's not necessary.
14
You're
badgering the witness.
15
MR. O'BOYLE: That's fine.
16
MR. RUDOLPH: No, it's not fine.
17
A.
I don't know.
18
Q.
You don't know?
19
A.
I don't know.
20
Q.
Okay. Let's do it this way: Is that a report
21
or a writing?
22
A.
Yes.
23
Q.
And, by the way, what exhibit number is that?
24
A.
3B.
25
Q.
3B?
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WILLIAM H. THRASHER, CGFO Vol, II
O'BOYLE vs TOWN OF GULF STREAM
June 19, 2013
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1 A. (Witness nods head.)
2 Q. Okay. Is that authorized (sic) by Martin
3 Minor or William Thrasher?
4 A. Authorized?
5 Q. Pardon?
6 A. Did you say, "authorized"?
7 MS. HANNA: Authored.
8 BY MR. O'BOYLE:
9 Q. I may have, excuse me. Authored by Martin
10 Minor or William Thrasher?
11 A. Yes.
12 Q. Okay. And is it in regard to Application 1 on
13 the agenda of the Town Commission meeting, dated
14 April 12, 2013, for the premises known as 3211 North
15 Ocean Boulevard, Gulf Stream, Florida?
16 A. Yes.
17 Q. Okay. Is there anything you would like to add
18 to that?
19 A. No.
20 Q. Okay. We're really moving along now.
21 A. I'm not certain about all those documents,
22 but --
23 MR. O'BOYLE: And just for the court
24 reporter's record, the documents that have been
25 produced today by Mr. Thrasher that have not
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WILLIAM H. THRASHER, CGFO Vol. II
O'BOYLE vs. TOWN OF GULF STREAM
June 19, 2013
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1
been
produced by Mr. Minorare Documents 3 and
2
3B, and I'm excluding the Notice of the Taking
3
of the Deposition and the Duces Tecum. I'm
4
talking
about actual responsive documents, you
5
know,
ones in response to 332.
6
MR. RUDOLPH: Object to the form of the
7
question.
8
BY MR. O'BOYLE:
9
Q.
Have you, by the way, spoken to Mr. Minor
10
since his
deposition?
11
A.
Briefly.
12
Q.
What did you talk about?
13
A.
I apologized.
14
Q.
For what?
15
A.
For him having to appear.
16
Q.
It's part of his job --
17
MR. RANDOLPH: Object to the form.
18
Q.
-- isn't it?
19
A.
You asked me what I said, that's what I
20
said.
21
Q.
Short conversation --
22
A.
Yes.
23
Q.
-- "I apologize" and you hung up?
24
A.
Yes.
25
Q.
Okay. I'm next looking at Thrasher 4, which
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WILLIAM H. THRASHER, CGFO Vol. II June 19, 2013
O'BOYLE vs. TOWN OF GULF STREAM 181
1 is the Public Records Request No. 332, dated April 15,
2 2013. Mr. Thrasher, I'm going to hand this to you and
3 ask that you hold on to it and that way if you have any
4 questions, instead of me having to read it, you can do it
5 yourself at your own speed.
6 Have you read the Verified Complaint?
7 A. Briefly.
e Q. Now, on the Verified Complaint there's a
9 statement on Page 11 of 11 - and the Verified Complaint,
10 by the way, is Thrasher 5 - and it says, "Before me the
11 undersigned authority personally appeared, Martin
12 O'Boyle, who being first duly identified and sworn
13 deposes and says that this Verified Complaint is based on
14 records and information known to him and are true and
15 correct to the best of his knowledge, information, and
16 belief, he who is personally known to me." So I'm making
17 a verification that the content is true and correct to
18 the best of my knowledge, information, and belief.
19 Do you have any reason to believe that
20 anything said in here is not true?
21 A. I have no opinion.
22 Q. I understand you have no opinion. Now, would
23 you answer my question?
24 MR. RANDOLPH: He answered the question.
25 BY MR. O'BOYLE:
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WILLIAM H. THRASHER, CGFO Vol. II
O'BOYLE vs. TOWN OF GULF STREAM
June 19, 2013
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Q. Now, would you answer my question?
A. I have no opinion.
Q. We can go through them paragraph by paragraph
if you prefer.
MR. RANDOLPH: There's no need to. He
already said he has no opinion.
MR. O'BOYLE: He has no opinion is not an
answer to the question.
THE WITNESS: It is.
MR. O'BOYLE: If everybody went to a
deposition and answered every question and said,
"I have no opinion," that's like saying, "I'm
not answering the question," that's nonsensical.
MR. RUDOLPH: You and I disagree on that,
don't we?
MR. O'BOYLE: Yep, we sure do.
BY MR. O'BOYLE:
18 Q. What would make you have an opinion, Mr.
19 Thrasher?
20 A. I don't know.
21 Q. Do you have an opinion on anything?
22 A. I try not to.
23 Q. But you're sometimes unsuccessful?
24 MR. RUDOLPH: Object to the form.
25 A. I don't know, don't recall, don't
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WILLIAM H. THRASHER, CGFO Vol. II
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June 19, 2013
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Q. When we started yesterday (sic) you were
talking about your history, your part-time job I think as
a woodworker, if I remember right.
A. I said I had a few part-time jobs wherever
I could get jobs.
Q. Right. And I asked you if you were ever
deposed previously.
A. Yes.
Q. And you said, yes.
A. Yes.
Q. And I think I recall that the answer was,
I twice.
A. I believe twice.
Q. Okay.
A. Not certain.
Q. And --
A. I believe so.
Q. What counties were you deposed in?
A. Palm Beach.
Q. By the way, when did you start working -- It
was 196 when you started working here, was it not?
A. Correct.
Q. As they say in the famous cigarette
commercial, "You've come a long way, baby."
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WILLIAM H. THRASHER, CGFO Vol. II June 19, 2013
O'BOYLE vs. TOWN OF GULF STREAM 184
1 A. I don't think so.
2 Q. The two depositions in Palm Beach County, were
3 they before you started working here or after you started
4 working here?
5 A. Before.
6 Q. Were they before you were working for
7 Loxahatchee?
8 A. I don't remember.
9 Q. Well, that was right before you worked for
10 Gulf Stream, wasn't it?
I
11 A. No.
12 Q. No? Were you ever in business?
13 A. Yes.
14 Q. What kind of business were you in?
15 A. Auto parts, hardware.
16 Q. Is that all one store?
17 A. No.
i
18 Q. You had an auto parts store?
19 A. Yes.
i
20 Q. And then a hardware store?
21 A. Yes.
22 Q. And did you and Phyllis work that together?
23 A. Yes.
24 Q. By the way, who is Leaders at the Core of
25 Better Communities?
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WILLIAM H. THRASHER, CGFO Vol. II
O'BOYLE vs. TOWN OF GULF STREAM
June 19, 2013
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1 A. I don't know.
2 Q. You don't know? How about six months ago if I
3 tell you you received an award from them in Phoenix,
4 Arizona?
5 A. I don't recall that, don't know about it.
6 I didn't receive any award, to my knowledge.
7 Q. Pardon?
8 A. Would that be ICMA?
9 Q. ICMA, yes.
10 A. Okay. I do recall that.
11 Q. Okay. Good, saves me pulling this out. Thank
12 you.
13 And what do they do?
14 A. I believe they do a multitude of things.
15 Its acronym is International City Manager --
16 Q. I'm sorry, can you speak up?
17 A. The acronym is International City Managers
18 Association. They are an organization that deals
19 primarily with municipal managers, the assistance in
20 education, direction, government oriented.
21 Q. Is Joel Chandler a member of that
22 organization?
23 A. I don't know.
24 Q. Have you ever seen Joel Chandler at one of
25 Itheir meetings?
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WILLIAM H. THRASHER, CGFO Vol. II
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1
A. No.
2
Q. Do you know who Joel Chandler is?
3
A. Yes.
4
Q. How do you know who Joel Chandler is?
5
A. He -- Mavbe I don't. I thought he was
6
associated with Fog Watch.
7
Q. I'm sorry?
8
A. I thought he was was associated with Fog
9
Watch, maybe I'm not pronouncing --
10
Q. Who is Fog Watch?
11
A. It's some organization that deals in
12
requisitioning public records, I think.
13
Q. Do you see him as a scoundrel or a patriot?
14
MR. RUDOLPH: Objection, form.
15
A. I see him as an individual.
16
Q. Is everyone an individual that have no -- Is
17
Osama Bin Laden an individual and George Bush is an
18
individual and I can't think of my president's name night
19
now?
20
A. You don't have to --
21
Q. Are they all individuals in your eyes?
22
A. I try to keep that focus, that's correct,
23 1 sir.
24 Q. But they are all individuals in your eyes?
25 A. Correct.
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WILLIAM H. THRASHER, CGFO Vol. II
O'BOYLE vs. TOWN OF GULF STREAM
June 19, 2013
187
Q. And they're not good guys, bad guys, other
A. (Witness shakes head.)
Q. Okay. Fair enough.
So in your eyes, I'm an individual?
A. Correct.
Q. Did you --
A. As you are also a resident.
Q. Pardon?
A. You are also a resident of the Town of
Gulf Stream.
Q. Oh. Well, okay. I would tell you I'm
domiciled here, but we can use "resident" if that's the
statement you want.
How come you overcharged me for this records
request that I made?
MR. RUDOLPH: Object to the .form.
A. I didn't charge you.
Q. How come the Town of Gulf Stream overcharged
me?
MR. RUDOLPH: Object to the form.
A. I don't know that they did.
Q. Have you ever read Chapter 119 as far as what
the charges are that you're allowed to charge?
A. From a layman's standpoint, yes.
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WILLIAM H. THRASHER, CGFO Vol. II
O'BOYLE vs. TOWN OF GULF STREAM
June 19, 2013
188
Q. Did you understand it?
A. I have a layman's perspective of
understanding.
Q. And what perspective would that be that's --
A. A general knowledge.
Q. Okay. And Ms. Taylor is the custodian of
records, correct?
A. Correct.
Q. Okay. And I think I asked this before, but I
don't remember: Did you appoint her as custodian of
records?
A. No.
Q. Who appointed her'?
A. Don't know.
Q. How do you know she's custodian of records?
A. Documentation.
Q. Pardon?
A. Documentation.
Q. Oh. And the documentation that you've seen
that appointed her was?
A. Pardon me?
Q. The documentation that you've seen that
appointed her?
A. Okay.
Q. Well, have you seen documentation --
;6D,
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WILLIAM H. THRASHER, CGFO Vol. II June 19, 2013
O'BOYLE vs. TOWN OF GULF STREAM 189
1 A. Yes.
2 Q. -- that appointed her?
3 A. Yes, yes.
4 Q. Who --
5 A. Not the appointment, but the statement in
6 fact that she is custodian of record.
7 Q. Her statement?
8 A. Pardon me?
9
10
11
12
13
14
15
Q•
A,
Q•
A.
Q•
A.
factual.
16 Q.
17 apologize
18 record?
Her statement.
Her what?
Her statement.
Of what?
Fact. In other words, you said you the --
Oh, the document I'm picking up to be
Okay. Then I missed something, for that I
How do you know that she is the custodian of
19 A. There is either a personnel policy, a
20 document that so states that.
21 Q. Okay. And have you ever seen that document?
22 A. Yes.
23 Q. And who authored that document?
24 A. I don't know.
25 Q. But you've seen it?
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WILLIAM H. THRASHER, CGFO Vol. II
O'BOYLE vs. TOWN OF GULF STREAM
June 19, 2013
190
1 A. Yes.
2 Q. Is it in the form of like gold leaf like you
3 might get after when you got your M.B.A., as an example,
4 one of those sheep skins, or is it written on the back of
5 a napkin? What is it?
6 A. It's on a eight -and -a -half by eleven sheet
7 of paper, it's typed.
8 Q. And --
9 A. Typed.
10 Q. And generally it says she's the custodian?
11 A. Town clerk, custodian of the records,
12 that's my recollection, yes.
13 Q. Okay. And is there a handbook for the town
14 employees telling you, as an example, "Mr. Thrasher is
15 the boss" or "Mr. Thrasher is the town manager," which is
16 - I'm equating your position to a CEO, and I may be wrong
17 when I do that, but in my mind that's what I have - is
18 there such a document?
19 A. For me?
20
Q.
For everyone.
21
A.
Are you talking about for me?
22
Q.
For everyone.
23
A.
Not for everyone.
24
Q.
Okay. For whom then?
25
A.
The personnel descriptions and policies
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WILLIAM H. THRASHER, CGFO Vol. II
O'BOYLE vs. TOWN OF GULF STREAM
June 19, 2013
191
1 are for everyone. There are additional references
2 made in our Charter, our Code, for the town manager,
3 the town clerk, the building official, some other -
4 other descriptions in that document. I don't recall
5 anything else.
6 Q. I'm looking, Mr. Thrasher, at your salary -
7 when I say, "salary," the cost to the Town - do you know
8 what it is?
9 A. Not exactly.
10 Q. Approximately?
11 A. $118,000.
12 Q. How much?
13 A. $118,000; I look at it once a year.
14 Q. Mayor Cope (phonetic) was a Realtor, was HE
15 1 not?
16 A. I believe so, yes.
17 Q. Mayor Orthwein was a Realtor, was she not, or
18 is she not, was she not?
19 A. I believe that she was. I don't know that
20 1 she is.
21
Q.
And I objected to the real estate signs
as
22
being legal. As you may recall, I said one time,
"How
23
did you
miss them after 17 years?"; do you recall
that?
24
A.
I think generally, yes.
25
Q.
Okay. Is it possible that the mayor is
angry
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WILLIAM H. THRASHER, CGFO Vol. II
O'BOYLE vs. TOWN OF GULF STREAM
June 19, 2013
192
with me, has a personal animus for me sort of - I guess
I'm not sure if I'm going to use the right term -
stepping on her toes? I'm coming in to her court, she is
the king and I am pointing out errors in her activities.
Is it possible that she may be troubled with me?
MR. RUDOLPH: Object --
A. No.
MR. RUDOLPH: -- to the form of the
question.
BY MR. O'BOYLE:
Q. You don't think she's troubled with -- She's
happy with me?
MR. RUDOLPH: Object to the form.
A. I don't know.
Q. Okay. Well, she made a comment up here one
day that she made clear that when you folks decided that
you weren't going to allow private people to use this
hall anymore, she made it clear, she said she did it
because I wanted to use it.
MR. RUDOLPH: Object to the form. It's
not a question.
A. I don't know that, but I had nothing to do
with making that decision.
Q. Has she ever seen the picture of herself on
the side of my home, do you know?
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WILLIAM H. THRASHER, CGFO Vol. II June 19, 2013
O'BOYLE vs. TOWN OF GULF STREAM 193
1
A. You would have to ask her.
2
Q. Have you?
3
A. Yes.
4
Q. How do you like
it?
5
MR. RUDOLPH:
Object to the form.
6
A. I don't like
it.
7
Q. Why not?
8
A. I think it's
disrespectful.
9
Q. If I told you that Supreme Court Justice
10
Scalia thought it was fine and George Washington thought
11
it was fine, what would
you say?
12
MR. RUDOLPH:
Object to the form.
13
A. I would have
no comment.
14
MR. O'BOYLE:
In that case, I think we
15
should dispatch to
Palm Beach and hopefully
16
somebody will have
some comments.
17
MR. RUDOLPH:
Is that the end of the
18
deposition?
19
MR. O'BOYLE:
No, but I think we had said
20
we were going to go to 11:30. At this point --
21
MR. RUDOLPH:
So you have not concluded
22
with this deposition?
23
MR. O'BOYLE:
No, I have not --
24
MR. RUDOLPH:
Okay.
25
MR. O'BOYLE:
I have not, as much as I
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WILLIAM H. THRASHER, CGFO Vol. II
O'BOYLE vs. TOWN OF GULF STREAM
June 19, 2013
194
want to.
(The deposition adjourned at 11:50 a.m.)
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WILLIAM H. THRASHER, CGFO Vol, II June 19, 2013
O'BOYLE vs. TOWN OF GULF STREAM 195
1 CERTIFICATE OF OATH
2
3
4
5
6 STATE OF FLORIDA )
7 COUNTY OF PALM BEACH )
8
9 I, the undersigned authority, certify that
10 WILLIAM H. THRASHER, CGFO personally appeared before
11 me and was previously sworn.
12
13
14 WITNESS my hand and official seal this
15 26th day of June, 2013.
AF1tNIFERD.MDRENM
16 �: :e_ hiY00ttnlissioNaEEl6raee
EXPIRES- Amch7.2016
v Ocndadfiv%e.MMlmusraFaerce
17
18 (Y�'
A' �� �l d✓�P.�7�
19 00
20 JENNIFER D. DiLORENZO
Notary Public - State of Florida
21 My Commission No. EE 167698
Expires: March 7, 2016
22
23
24
25
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WILLIAM H. THRASHER, CGFO Vol. II June 19, 2013
O'BOYLE vs. TOWN OF GULF STREAM 196
1 I REPORTER'S DEPOSITION CERTIFICATE
2
STATE OF FLORIDA )
3
COUNTY OF PALM BEACH )
4
5 I, JENNIFER D. DiLORENZO, Shorthand
6 Reporter, certify that I was authorized to and did
7 stenographically report the deposition of WILLIAM H.
8 THRASHER, CGFO; that a review of the transcript was
9 requested; and that the transcript is a true and
10 complete record of my stenographic notes.
11 I further certify that I am not a
12 relative, employee, attorney, or counsel of any of the
13 parties, nor am I a relative or employee of any of the
14 parties' attorney or counsel connected with the
15 action, nor am I financially interested in the action.
16
17
18
19
20
21
22
23
24
25
Dated this 26th day of June, 2013.
qeA-1-14iZ, � - >- �(dvu�P
JENNIFER D. DiLORENZO,
Shorthand Reporter.
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WILLIAM H. THRASHER, CGFO Vol. II
O'BOYLE vs. TOWN OF GULF STREAM
DEPOSITION ERRATA SHEET
Our Assignment No. 380798
Case Caption:
Martin E. O'Boyle
VS.
Town of Gulf Stream
DECLARATION UNDER PENALTY OF PERJURY
I declare under penalty of perjury
that I have read the entire transcript of
my Deposition taken in the captioned matter
or the same has been read to me, and
the same is true and accurate, save and
except for changes and/or corrections, if
any, as indicated by me on the DEPOSITION
ERRATA SHEET hereof, with the understanding
that I offer these changes as if still under
oath.
Signed on the day of
. 20
WILLIAM H. THRASHER, CGFO
ESQUIRE
June 19, 2013
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WILLIAM H THRASHER, CGFO Vol. II
O'BOYLE vs. TOWN OF GULF STREAM
1DEPOSITION ERRATA SHEET
2 Page No. Line No. Change to:_
3
4 Reason for change:
5 Page No. Line No. Change to:_
6
7 Reason for change:
8 Page No. Line No. __Change to:_
9
10 Reason for change:
11 Page No. Line No. Change to:_
12
13 Reason for change:
14 Page No. Line No. Change to:_
15
16 Reason for change:
17 Page No. Line No. Change to:_
18
19 Reason for change:
20 Page No. Line No. Change to:_
21
22 Reason for change:
23
24 SIGNATURE: DATE:
WILLIAM H. THRASHER, CGFO
25
ESQUIRE
June 19, 2013
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WILLIAM H. THRASHER, CGFO Vol. II
O'BOYLE vs. TOWN OF GULF STREAM
1DEPOSITION ERRATA SHEET
2 Page No. Line No. Change to:
3
4 Reason for change:
5 Page No. Line No. Change to:_
6
7 Reason for change:
8 Page No. Line No. Change to:
9
10 Reason for change:
11 Page No. Line No. Change to:_
12
13 Reason for change:
14 Page No. Line No. Change to:
15
16 Reason for change:
17 Page No. Line No. Change to:_
18
19 Reason for change:
20 Page No. Line No. Change to:_
21
22 Reason for change:
23
24 SIGNATURE: DATE:_
WILLIAM H. THRASHER, CGFO
25
ESQUIRE
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WILLIAM H. THRASHER, CGFO Vol. II
O'BOYLE vs. TOWN OF GULF STREAM
$10,000
150:6
152:1
$100,000
148:3,6,
12
149:19,23
151:19
153:9
154:12,14
$118,000
191:11,13
$15,000
150:6
$1500
173:12
$2,265
173:7
$20,000
149:22,
151:25
$30,000
150:6,7
I. $40,000
148:2,4,
11
149:18,19
$50,000
148:3,4
149:18,20
$50,0000
148:11
$60,000
149:25
150:6
$70,000
150:6
$80,000
149:21,
22,25
1
1 129:8
132:18,24
133:7,8,
13,15
134:10
172:7
175:6
177:24
179:12
10 133:8,
134:10
10,000 -
square
138:8
100 146:20
11 161:9
119 154:25
155:2,
156:4
187:23
11:30
193:20
11:50
194:2
12 13 7: 14
175:7
177:25
179:14
14 133:8,
134:10
13 5: 2
14th
129:19
135:13
159:21
15 12 9: 13
181:1
1515
176:18
15th
135:5,14,
17 159:22
176:3
16 129:13
16th
129:14
17 191:23
18 137:2
143:8,13,
15
19 126:2
173:22
19th 126:8
176:2
2
2 132:18,
25 133:8,
10,17,23
134:1,2,
10 173:7
2013 135:2
137:14
175:7
177:25
179:14
181:2
23 129:10
23rd 176:3
24 129:9,
10
24th
12 9: 11
June 19, 2013
Index: $10,000 -accurate
181:10
3
3 129:6
132:8,12,
13, 14,15,
19 133:1,
23 134:1,
3 136:8,9
137:13,
17,21
143:7
159:16,
18,20
171:7
173:13,23
180:1
30 162:4
30 -some
143:25
3211
129:18
130:5
174:18
175:8
178:1
179:14
332 174:19
180:5
181:1
3B 159:19
174:9
178:24,25
180:2
4
4 13 7: 15
180:25
5
5 133:8,
7
70 158:4
162:3
8
80 162:13
BK 127:19
128:22
9
9/30/2013
150:10
95 167:14,
16
96 183:22
A
a.m. 194:2
abbreviate
137:14
abbreviatin
g 174:17
abide
145:12,17
Absolutely
132:7
176:6
accordance
164:20
account
154:23
accurate
150:11
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WILLIAM H. THRASHER, CGFO Vol. II
O'BOYLE vs. TOWN OF GULF STREAM
June 19, 2013
Index: achieves.. attempting
achieves
affect
answering
134:23
Approximate
167:15
167:20
182:13
ly 191:10
appoint
acknowledge
affecting
anymore
188:10
April
a 167:10
156:19
192:18
appointed
135:5,14,
Acorn
afternoon
apologize
144:5
17 137:14
176:19
137:3
128:19
188:13,
159:22
acronym
agenda
159:7
20,23
175:7
176:3
185:15,17
149:10
180:23
189:2
177:25
act 167:3
175:6
189:1'7
appointment
179:14
177:24
apologized
189:5
181:1
action
179:13
180:13
169:12
appropriate
architect
178:8,9
agree
appeared
d 154:4
131:9,11,
177:6
181:11
13
actions
approval
160:15
agrees
applicant
129:13
architects
167:11
130:22
130:23
132:1
activities
ahead
131:7,8
134:8
141:3,6
134:25
135:19,23
Architectur
192:4
126:21
136:1,15
136:5,12,
al/site
activity
153:25
138:6
14,24
137:18
162:1
akin
application
137:8
139:19
148:1,9
138:3,13
Arizona
actual
129:9,12,
allowed
24 130:25
139:8,20,
185:4
148:21
180:4
164:15
131:3,4,
23 144:16assigned
187:24
16,22
161:8
153:15
add 141:5
132:8,12
171:9,12,
1'79:17
amendment
14
assistance
146:21,22
134:8,19
147:12
additional
135:13
approvals
150:20
amount
136:14
138:7,9,
185:19
153:10,12
152:12
163:21
10 139:6,
Association
191:1
167:13
172:7
7
185:18
address
angry
173:3,10,
approve
assortment
129:18
191:25
13 175:6
137:13,17
163:9
177:24
160:25
animus
179:12
approved
assume
adjacent
166:3,6,
138:15,
128:8
173:22
22 167:19
application
19,25
135:17
192:1
a 132:18
139:1,22
adjourned
163:8
assuming
194:2
annotated
144:21,24
157:2
174:3
applied
150:10
162:24
advance
136:15
163:23
148:18
annotations
attempt
173:4
apply
approves
173:1
advise
130:22
136:16
152:18,23
answer's
attempting
150:23
applying
169:16
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WILLIAM H. THRASHER, CGFO Vol. II
O'BOYLE vs. TOWN OF GULF STREAM
June 19, 2013
Index: attend -City
attend
154:3,16
157:22
155:2,
144:13
based
books
C
156:4
attorney
181:13
158:7
187:23
147:12,13
bathrooms
boss
calculated
charge
152:20,25
187:18,24
auspices
141:13,14
140:12,
142:7
190:15
153:4
charged
Beach
170:10
authored
155:13,14
bottom
154:17
174:17
183:20
158:6
call
charges
177:23
184:2
129:14
187:24
Boulevard
155:7
179:7,9
193:15
174:18Charter
157:23
189:23
beginning
175:6
162:8
191:2
authority
148:6
178:1
167:16
check
164:3,7,
157:24
179:15
called
159:24
12 181:11
belief
brainchild
129:8
chief
authorized
181:16,18
150:5
140:12
165:12,
175:5
believed
break
calls
14,18
179:2,4,6
167:2
149:13,16
150:24
CHMH
auto
bell
Briefly
carried
157:25
184:15,18
158:1,2
180:11
154:3
cigarette
award
Bill
181:7
case
183:24
185:3,6
168:11
budget
132:24
circled
aware
Bin 186:17
146:13,
152:21
131:19
166:7
15,18,22
153:1
171:10
aye 137:20
birthday
147:17,21
168:8,15,
172:5
148:218
170:11
circulars
bit 154:24
150:9
193:14
162:11
B
blank
budget alte
cases
circumstanc
129:11
rations
160:14
es 167:6
baby
130:15,16
148:1
163:16
cited
183:25
131:3
budgeted
caused
164:23,24
back 127:4
132:8
154:7
126:12
Cities
139:5
blocked
build155:11,14
CEO 190:16
161:7,8
171:5,21
141:23
138:8
cetera
citing
g
190:4
Board
building
169:21
165:2
138:16
191:3
167:9
bad 187:1
CGFO 126:1
bodies
Bush
City
badgering
g
141:11
186:17
Chandler
121
140:18
1g78:14
141:8
balance
boils
business
186:2,4
185:15,17
161:15
162:11
152:5
Chapter
153:16,22
Book
184:1214
,
154:24
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WILLIAM H. THRASHER, CGFO Vol. II
O'BOYLE vs. TOWN OF GULF STREAM
June 19, 2013
Index: clarification -copies
clarificati
164:1
148:23
133:6
143:2
on 163:22
165:25
156:25
167:24
considerati
clarify
167:2,24
commissions
Comply
on 150:15
162:7
191:2
rs 144:23
167:12,14
considered
172:13,
collected
145:25
20,23
130:20
147:19
compose
155:16
139:21
173:1
148:9
constitute
column
Clause
130:8
151:13
composite
137:21
153:7
157:3,10,
134:5
Constitutio
comfortable
18
clean
127:8
160:14,15
computer
n 145:15,
142:14
160:18
18 164:6
commandingy
commonly
163:17
cleaning
142:8
153:15,22
constitutio
141:13
concept
nal 160:13
comment
communicate
150:13
164:20
clear
192:15
146:4,5
133:22
193:13
163:19
concern
constructio
192:16,18
167:5
146:10,12
n 137:18
comments
clearer
173:5
communicati
concerned
content
176:16
193:16
ng 161:9
147:17
181:17
Clearing
commercial
communicati
concluded
continuatio
135:25
183:25
on 157:9,
193:21
n 126:9
136:18
commission
17,18
conclusion
continue
clerk
135:19
communicati
138:12,20
168:6169:25
138:22
136:7,13,
ons 156:24
concomitant
139:21
16,25
132:11
Continued
160:24
137:2,5,8
Communities
126:1,4
184:25
conditional
172:9
138:18
ly 139:1
contract
176:13,
140:16,
compared
15,17
19,21
159:4
conditions
141:12
190:11
141:9
139:23
contractor'
191:3
142:15,23
Complaint
171:8,11
s 165:16
181:6,8,
clerks
143:3,8
9,13
confuse
convenience
155:8
144:7,22
126:16
160:21
147:23
complete
clogged
154:5
173:18
confusion
conversatic
142:4
157:15
128:19
n 146:9
completed
CMH 15'7:25
175:'7
131:19
connection
180:21
177:25
172:7
145:5
conversatio
Coastal
179:13
173:3
146:1
ns 146:7
150:17,22
Commission'
compliance
165:15
Cope
code
s 145:5
167:9,15,
consensus
191:14
143:19,21
144:4
commissione
18
143:3
copies
157:22
r 137:12
complied
consent
163:3
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
WILLIAM H. THRASHER, CGFO Vol. II
O'BOYLE vs. TOWN OF GULF STREAM
June 19, 2013
Index: copy.. dislike
COPY
192:3
165:8
Depending
159:8
127:21
193:9
192:16
153:11
differently
151:25
courtesy
day-to-day
deposed
164:18
158:15,
167:8,15
141:7
183:8,19
20,21,22,
DIRECT
23 159:1
create
days
deposes
126:4
174:16
172:18
139:11
181:13
direction
175:4
created
deal
deposition
143:1
177:22
140:8
156:13
126:1,9
185:20
Core
175:11
dealing
127:19,21
directives
184:24
curious
141:11
128'2'3
143:10,11
168:16,
correct
151:15,18
149:10
24,25
directly
128:3
custodian
161:12,18
169:7,23,
165:11
129:6,19
145:7
deals
25 170:16
disagree
131:23
188:6,10,
168:21
177:18
133:4
15 189:6,
185:16
180:3,10
182:14
135:17
17
186:11
182:11
discharge
148:7,12
190:10,11
debris
193:18,22
141:22
152:7
153:18
cut 151:25
141:22
194'2
diacombobul
159:2-
-
decided
depositions
ated
167:21,22
D
192:16
184:2
126:13
171:9,19
Daring
discoverabl
181:15,17
decision
137:12
e 152:20,
183:23
date
166:24
152:10
25 153:5
186:22,25
134:19
192:23
168:7,14,
187:6
135:1,4,
decisions
description
18 170:10
1B8:7,B
14,18
156:16,
129:11
136:4,9
discuss
coat
18,19
description
131:4
147:16
dated
157:21
s 190:25
191:7
139:14
deep 143:7
191:4
discussion
175:7
127:3,16
costs
177:25
delegate
D
Design
145:24
146:2315516
179:13
:,
158:3
discussions
counties
181:1
17,22
desire
145:20
183:19
dates
deliberate
145:23
155:25
County
130:8
173:1
determine
156:4,5
155:13,14
David
Demolition
126:13
disdain
184:2
143:23
136:3,5,
165:19
166:9
courses
144:1
17
Development
disengage
155:4day
134:16
denied
172:7
173:19
court
139:10
138:25
173:3
dislike
169:18
150:16
Department
difference
166:9
179:23
161:25
141:24
152:12
ESQUIRE 800.211.DEP0 (3376)
I EsquireSolutions.com
WILLIAM H. THRASHER, CGFO Vol. II
O'BOYLE vs. TOWN OF GULF STREAM
June 19, 2013
Index: dispatch -experience
dispatch
domiciled
eight -and-
engagement
excuse
193:15
187:13
a -half
137:9
127:11
displayed
draft
190:6
entire
128:22
137:20
138:23,24
Eighteen
134:8
133:25
disreapectf
139:25
143:14
156:12
149:12
155:1
ul 193:8
drafted
elected
entirety
168:5
distribute
138:20,21
156:6
177:21
174:20
149:8
140:2
election
equating
179:9
document
drain
168:1,2
190:16
exempt
129:4,8
141:12
electricall
errors
165:8
130:11
142:5
y 163:10
192:4
exhibit
131:5,17
drains
electronic
essence
127:12,19
135:9
142:14
158:20
146:13
129:6
140:8,9
driven
162:2,12,
154:22
132:11,
148:8
146:14
20
13,14,15
156:13
established
159:18,20
173:18
Duces
electronics
143:1
178:23
174:19
174:22
lly 163:13
144:17,18
175:10
180:3
exhibits
eleven
estate
126:13,
177:2,6,
duly
190:6
191:21
14,17,18
11 178:4
181:12
189:14,
Emancipatio
estimates
128:1,
20,21,23
duties
n 171:4
150:8
134:16
190:18
141:1,3,5
employed
evaluate
exist
191:4
145:13
165:19
13 4 :3
documentati
E
employees
event
exists
on 186:16,
151:12
142:10,14
134:3
18,19,22,
e-mail
190:14
169:18
expect
25
157:4
employment
evidence
145:7
documents
161:9
145:14
152:21,25
expedition
127:9
163:14
153:5
128:16
end 169:23
170:9,17
e-mails
168:8,14,
145:22
160:5
170:15
18 170:10
expenditure
148:21
161:7,10,
193:17
s 150:14
149:8
11,15
endure
examination
154:10
157:13
150:9
126:4
159:3,9
early
141:12
expense
162:1,12,
158:5
enforcement
examination
161:8
19 163:3,
easier
143:19,21
s 141:12
expenses
7,8,9
154:1
144:4
147:9
171:8,10
164:1,6
examined
148:10
176:18
education
engaged
159:5
185:20
experience
179:21,24
141:9,11
excluding
138:2
180:1,4
180:2
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
WILLIAM H. THRASHER, CGFO Vol. II
O'BOYLE vs. TOWN OF GULF STREAM
June 19, 2013
Index: explain.. give
explain
173:7,8,
140:23
164:5
153:16,22
166:8
15
141:6
follow-up
154:15,22
169:6
feel 127:8
150:2,3
157:15
funding
176:15
169:20
158:13
150:20
171:17
foot 138:8
explanation
170:1,7
153:10,12
169:11,12
172:4
178:15,16
form
193:10,11
130:15,16
funds
express
fees
finish
132:8,12
152:6
146:10
173:9,11
153:13
166:19
140:20,21
expresses
fellow
168:11,12
144:16
154:2
146:12
147:15
170:4
175:21
eyes
felt
fiscal
176:24
G177,8
186:21,24
166:23
154:19
180:6,17
187:5
file
fishing
182:24
gave
137:23
170:9,16
186:14
127:13
F
143:6
187:17,21
131:15,17
fits
132:1,7,
160:4,8,
190'2
132:19
8,10,11
FAA 137:1
10,12,13,
192:8,13,
23 161:2,
flip 176:8
20 193:5,
general
fact
3,14,16,
Florida
12
143:2
152:10
20
146:7
145:10,forms
158:23
186:5
filed
12,15,17
132:22
189:6,13
144:17
155:9,10
generally
factual
176:3
164:5,10,
forum
132:2
177:1
14,15
156:21
141:7
files
189:15
175:9
forward
152:15
176:7
fair 160:7
178:2
154:4
157:13
161:22
fill
179:15
163:16,20
190:10
163:1
132:19
flurry
170:3
191:24
187:4
filled
145:22
Fred
generation
fain
130:25
fl
130:19
154:15
131:1
142:14
161:23,25
fresh
George
fall 142:6
final
focus
139:5
186:17
135:22
186:22
front
193:10
falls
136:5
143:20
Fog 186:6,
128:1
Ginsberg
finally
143:23
famous
150:10
8,10
fulfill
164:1
183:24
finance
folder
145:8
165:20
February
150:20
161:10
fulfilling
i
146:16
gve
129:19
find 138:9
folks
127:18,20
135:2,13
132:2
full
132:2,5
151:17
159:21
192:16
144:2,3
134:4
fee 130:20
fine
follow
fund 152:5
167:13
ESQUIRE 800.21 i.DEPO (3376)
EsquireSol utions. com
WILLIAM H THRASHER, CGFO Vol. II
O'BOYLE vs. TOWN OF GULF STREAM
Index:
June 19, 2013
glean.. investigate
168:12
hear 170:7
185:8,9
individuall
169:4,10
H
heard
identical
Y 165:10
176:17
-- _
136:12
159:5
individuals
glean
half
145:25
134:23
identified
156:15
142:20
156:8
186:21,24
129.5
gold 190:2
hall
171:15
181:12
information
good
151:12
hearing
ill -placed
157:16,20
126:6,7
192:18
136:13,22
168:24
167:4
147:15
hand 181:2
137:9
177:2
185:11
156:20
inaccurate
181:14,
187:1
handbook
171:16
150:12
15,18
190:13
hearings
inches
initiated
government
138:3
handle
156:17,18
143:7
144:24
140:20,21
146:22
hierarchy
incident
input
185:20
handled
140:11
164:25
157:19
134:21
165:7
great
histo
167:3
inquiry
156:13
Hanna
183:3
136:25
127:13
incidents
151:11
grew 155:6
hit 154:8,
179.7
165:4
10
insist
group
happened
includes
1'10:2
155:9
hold 181:3
130:21
134:9
guess
home
Inspections
161:13
happy
13'7:19
including
141:21
192:12
159:10
162:3,16
192:25
instances
164:9
harassed
incorrect
147:11
hope
192:1
169:21
130:7
154:12150:1
instruction
guessing
harassing
a 133:1
hoping
162:13
170:17
increase
150:9
intention
est
hard
148:2,3,
161:24
148:7
158:21,22
house
a,9,11
159:1
138:8
increased
Internation
guidelines
176:18
al 185:15,
164:4
146:23
164:7,13
17
hardware
hung
indicating
Gulf
160:23
interrupt
184:15,20
139.22
129:17
hurricane
149:13
150:19
head 157:6
individual
175:8
179:1
142:9
134:21
interrupted
178:1
187:3
hurricanes
142:1
142:17
179:15
heading
141:21
167:10
interworkin
184:10
129:11
186:15,
gs 145:24
187:11,19
16,17,18
headings
I
187:5
investigate
guys
129:14
'---_---_
165:19
187:1,2
ICMA
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. corn
0
WILLIAM H. THRASHER, CGFO Vol. II
O'BOYLE vs. TOWN OF GULF STREAM
June 19, 2013
Index: invoked..making
invoked
186:2
letters
160:14
142:22
K
lead
138:24
lost
involved
152:20,25
letting
128:23
126:16
kind
153:4
131:19
Loxahatchee
issued
127:20
168:7
168:9
184:7
134:7,9,
128:21
170:10
169:22
11 135:18
160:12
Leaders
level
138:19
162:11
184:24
132:8,12,
M
165:25
184:14
24,25
leaf 190:2
king 192:4
133:1,16,
M.S.A.
issues
League
23 134:1,
190:3
169:9
knowledge
177:1
155:7,10,
2 136:8,9
made 135:5
item
181:15,18
14
137:8,13,
136:24
134:20
185:6
learn
17, 21
144:23
163:23
188:5
145:23
173:13
156:16,20
172:7
lecture
levels
174:5
items
169:6
132:21
176:3
134:9,22
L
133:3
187:16
161:12
Ledondy
150:14
191:2
lack
163:14
192:15,
mit
1i160e16
J
140:11
left
16,18
Laden
129:11
magazines
186:17
174:24
list
162:6,10
Jersey
173:22,24
155:7
Land
left-hand
174:1,3,5
mail 162:8
job 167:23
135:24
158:6
listed
maintenance
180:16
136:17
legal
134:10
142:2,13
183:3
landscape
145:8
131:11
147:7,9
listing
make
jobs
148:2,10
139:22
134:22
183:5,6
late
136:25
191:22
lived
Joel
145:21
144:1
151:11
Lea toil
152:12
185:21,24
law 14B
141:16,18
LLC 129:18
166:24
186:2,4
156:7,,8
164:6,15
letter
130:5
167:23
June
136:21
location
170:21,24
126:2,8
laws
138:11,
153:16
182:18
176:2
145:13
19,20,21
makes
Junk 162:8
lawsuit
139:15,
long
175:23
176:3
17,21,25
169:20
jurisdictio
177:18
making
n 143:20
lawyer
�
140:1
183:25
157:19
144:19
Justice
169:5
169:8
longer
170:6
193:9
layman's
157:23
181:16
187:25
letter's
192:23
139:14
loses
ESQUIRE 800.211.DEPO (3376)
., „ , EsquireSolutions.com
WILLIAM H. THRASHER, CGFO Vol. II
O'BOYLE vs. TOWN OF GULF STREAM
manager
mayors
167:18
140:21,24
155:8
185:14
nding
Ned 130:20
millage
143:2
172:24
newly
154:21
meaning
154:16
190:15
136;23
newspapers
191:2
150:5
mind 139:5
151:24
NOS 129:18
126:10
N
164:8
managers
165:3
nods 179:1
months'
non -
190:17
155:8
185:17,19
manhole
142:4
manual
156:9
157:25
158:2,3,
14
manufacture
r 137:20
Mark
129:17
130:4
Marrett
157:3,4
Martin
174:24
175:5
177:23
179:2,9
181:11
Marty
132:13
139:24
140:7
161:12,18
Material
129:12
matter
152:10
mayor
146:4,10
147:17
191:14,
17,25
174:13
means
153:17
164:10
166:7
meantime
169:13
meet
134:24
meeting
130:12,
13,17
138:12,20
139:18
145:2
146:19,21
147:23
148:21,
23,24
149:9
157:16
175:7
177:25
179:13
meetings
156:22
185:25
member
155:6,15,
20 185:21
Memorialize
144:10
memorialize
d 136:18
142:23
method
mine
130:3,5
minor
126:14,
17,18
12'7:19
128:2,5,
10, 12,17
129:5
139:16,24
159:4
161:12,18
173:5
174:24
175:5
17'7:23
179:3,10
180:1,9
minora
134:15
159:10
minutes
136:20
13 7: 14
142:24
143:5,8,
13,14,15
144:9,20,
25 145:4
misplaced
127:20
missed
143:11
189:16
missing
127:12,13
ESQUIRE 800.21 i.DEPO (3376)
EsquireSolutions. com
June 19, 2013
Index:
manager -notice
misundersta
185:14
nding
Ned 130:20
154:22
municipal
172:24
newly
154:21
185:19
moment
Municipalit
136;23
newspapers
147:22
ies 155:7
157:3
Monday
NOS 129:18
126:10
N
160:3
ESQUIRE 800.21 i.DEPO (3376)
EsquireSolutions. com
napkin
money
190:5
152:9
153:14
Ned 130:20
154:22
net 154:17
monies
newly
154:21
156:6
month
newspapers
147:22
162:10
months
NOS 129:18
137:2
130:5
143:15
185:2
nods 179:1
months'
non -
143:8
hurricane
142:11,13
morning
126:6,7
non -rain
137:3
142:14
165:23
nonsensical
motion
182:13
144:22
normal
motivation
161:25
169:1
North
mouth
133:15
158:25
134:6
174:18
moved
175:8
137:12
178:1
moving
179:14
179:20
notes
multiple
173:4
138:24
174:5
multitude
notice
ESQUIRE 800.21 i.DEPO (3376)
EsquireSolutions. com
WILLIAM H. THRASHER, CGFO Vol. II
O'80YLE vs. TOWN OF GULF STREAM
167:8,15
180:2
notificatio
n 146:7
notifying
139:17
146:6
notwithstan
ding 140:2
number
146:11
178:23
numbers
133:8
150:7
O
O'boyle
126:5
127:1,17
128:25
129:1
132:14
149:6,15,
17
152:18,22
153:2,6,8
160:4,8,
23 161:3,
14,16
166:21
168:19,22
170:20
171:1,3,
23 172:1,
4,6,14
173:2
174:23
175:2,3,
22
176:12,25
177:17,19
178:15
179:8,23
180:8
181:12,25
182:7,10,
16,17
192:10
193:14,
19,23,25
oath
145:12
Object
175:21
176:24
177:8
180:6,17
182:24
187:17,21
192:6,13,
20 193:5,
12
objected
191:21
objection
169:18
186:14
objections
170:13
obligated
164:5
obligation
164:19
obligations
145:8
observe
165:16
observed
167:1
obtain
134:5
138:13,14
obtained
136:10
138:7
occurrences
130:18
Ocean
133:15
134:6
174:18
175:8
178:1
179:15
office
134:21
139:5
161:24
officer
143:19,
21,23
144:2,4
164:1,2,
9, 10,17
165:20,21
officers
164:25
165:3,5,6
official
167:9
191:3
officials
156:6
open 127:5
156:22
operation
141:8
opinion
181:21,22
182:2,6,
7,12,18,
21
opinions
157:20
June 19, 2013
Index: notification -part-time
opportunity
168:12
option
148:11
ordinance
144:19
ordinances
147:25
organizatio
n 185:18,
22 186:11
oriented
185:20
Orthwein
191:17
Osama
186:17
outset
127:24
overcharged
187:15,19
Overlay
133:15
134:6
136:18
owner
131:13
136:15,21
166:4,10
owners
173:22
P
package
127:14
132:6
packet
131:22
132:8,25
133:1
134:4
packets
133:3
pages
131:24
Palm
155:13
163:20
184:2
193:15
paper
151:25
190:7
paragraph
182:3
parcel
173:10
Pardon
141:17
158:18
161:15
165:4
175:25
177:4
179:5
185:7
187:9
188:17,21
189:8
part
127:14
129:8,24
133:7
145:3,12
152:7,8,
173:9
180:16
part-time
144:4
164:2
165:21
183:3,5
ESQUIRE 800.211.DEPO (3376)
111EsquireSol utions. corn
WILLIAM H. THRASHER, CGFO Vol. II
O'BOYLE vs. TOWN OF GULF STREAM
parts
184:15,18
passed
150:19
past 126:9
patriot
186:13
pay 151:19
payments
163:9
people
145:22
192:17
percent
146:20
162:3,13
167:14,17
percentage
162:11
percentages
162:1
perform
178:8
performance
153:11
performance
s 154:3
performed
154:18
178:9
permit
133:15
134:6,7,
11,23
135:11,
14,18,25
136:3,5,
14,17,
137:18
138:13
permits
13 8: 14
personal
166:3,5,
22 167:19
192:1
personally
165:10
181:11,16
personnel
142:13
189:19
190:25
perspective
188:2,4
Phoenix
185:3
phonetic
163:15
191:14
phrase
140:12,13
Phyllis
184:22
picking
189:14
picture
158:6
192:24
pile
128:5,6,
11,12,17
129:5
159:3,4,
10
piles
128:1
134:16
pipe 142:6
place
136:19
141:10
142:23
148:6
places
142:24
Plaintiff
129:5
Plan
136:8,9,
17
137:10,21
139:19
point
139:7,9,
13 154:8
168:5
170:2,5,
13 193:20
pointing
192:4
police
164:17
165:3,6,
12,14
policies
141:8
142:15,
22,25
143:3,4,
12
144:14,
15,16,18
190:25
policy
144:15
145:3,5,
11 189:19
political
168:3
pool
137:19
June 19, 2013
Index: parts -produced
portion
171:5
portions
156:14
position
146:15
190:16
potential
167:'7
pre -app
130:12,16
pre -
application
130:12,13
precedent
171:9
prefer
182:4
premises
175:8
178:1
179:14
prepared
173:24
1'74:13,
14,15
preparing
151:2
prescribed
164:15
presented
144:15
Presently
143:21
preserve
169:17
president's
186:18
previous
154:2,16
previously
183:8
primarily
146:12,17
161:10
163:17
185:19
primary
161:10
prior
14 7: 23
148:20,23
149:9
private
192:17
pro 175:10
problem
167:10
procedurall
y 127:2
proceed
131:6
process
136:12
138:13
processes
129:13
177:12
Proclamatio
n 171:4
produce
175:17,20
produced
126:14,
15,17,18
139:16
172:10
175:16,23
177:2,7
179:25
180:1
C ES -DIRE 800.211.DEPO (3376)
EsquireSolutions. com
WILLIAM H. THRASHER, CGFO Vol II
O'BOYLE vs. TOWN OF GULF STREAM
June 19, 2013
Index: production -records
production
141:24
142:18,
rationale
23
168:21
145:1,6,
19,20
168:25
receipt
professions
22 146:5,
151:6
rattled
173:14
1 147:9
14,16,25
160:11
144:7
147:3,6,
164:4
receive
148:10
8,12
166:20
reaction
185:6
project
156:7,16,
171:4
151:2
received
130:23
18,20,21
173:1
read 143:6
129:19
prompt
160:8,10,
177:14
150:16
130:9
137:6
13,16,18,
178:3,4
151:9,
135:2
22 161:2
180:7
152:11
137:23
pronouncing
168:21
181:23,24
155:2
162:20
186:9
171:15
182:1,8,
156:11,
185:3
proper
174:21,23
11,13
12,13
136:10
176:4,21
192:9,21
169:8
recollectio
property
181:1
questioning
171:3,5
n 131:21
166:4,10
186:12
152:24
174:25
1131:2
157:24
173:22
pull
questions
177:16,21
168:3
ro
proposed
137:22
152:19
190:12
178:12
146:22
pulling
168:13,17
187:23
recommendat
147:25
185:11
169:1
ion 150:12
170:3,8
reading
provide
Pulte
181:4
137:11
record
150:13
131:8,9
174:20
126:12,24
157:19
137:22
127:3,4,
165:11,14
purpose
R
ready
15,16
167:8
170:14
150:20
136:21
174:16
raise
real
160:18
175:4
pursuant
170:12
191:21
179:24
177:22
174:19
189:6,18
raising
Realtor
provided
put 157:14
169:9
191:14,17
records
131:5
158:25
134:20
134:23
161:19
Randolph
reason
145:6,8,
135:19
127'20
181:19
22 146:5,
136:7
4
128:22
reasonable
14,16,23,
138:11
132:13
167:13
25 147:3,
148:22
alificati
160:12
168:22
recall
6,8,13
165:8,12
on 147:4
171:24
143:17
156:7
167:4
146:19
159:21
Providing
qualifying
17:
17717,22
149;20,21
160:8, 10 ,
157:20
147:3
180:17
152:8
13,16,22
public
question
181:24
182:25
161:2
134:20
127:7,22,
182:5
183:12
172:21
24 138:1
185:5,10
174:15,
136:13
141:4
rate
191:4,22,
21,23
137:9
154:16
176:5,17,
ESQUIRE 800.211.DEPO (3376)
EsquireSolutlons.com
WILLIAM H. THRASHER, CGFO Vol. II
O'BOYLE vs, TOWN OF GULF STREAM
21
177:11,
16,20
181:1,14
186:12
187:15
188:7,11,
15 190:11
recuse
166:23
Red 157:22
refer
174:11
references
191:1
referred
153:22
157:25
referring
139:24
148:22
158:12
171:7
refrain
168:17
regard
148:24
172:21
174:18
175:6
177:24
179:12
registered
165:17,20
relate
163:21
related
161:11
168:14,18
relates
146:13,15
156:6
163:8
relay
144:8
relevance
170:12
remember
143:18
146:21
147:24
154:25
158:9
162:19
168:2,4
173:11
183:1,4
184:8
188:10
remove
141:22
repeat
153:21
report
147:21
165:7,9,
11,13,24
167:3
173:21
174:12
178:20
reporter
150:21
reporter's
179:24
reports
164:25
174:16
175:4
177:22
request
134:20
135:5,6,
13 136:1
138:25
139:1
142:12
146:5,8
147:13
157:15
159:21
160:22
172:21
174:16,
19,21,23
176:2,5,
17,21
177:11,
16,20
178:5,12
18 1: 1
187:16
requested
134:25
138:15
171:5
174:19
requesting
163:9
requests
145:6
146:11,
14,16,23
147:1,3,
6,8
required
134:5
147:11
153:12
162:16
requirement
a 129:9
164:6,21
requisite
138:7
June 19, 2013
Index: recuse..Rita's
requisition
ing 186:12
reserve
148:5
151:21,23
resident
166:22
167:5
187:8,10,
13
residents
156:19
residents'
154:22
resolution
138:3
144:19,22
148:8
151:20
152:4
resolutions
147:25
148:22
150:13
respect
167:20
respond
127:7
137:3,7
150:25
176:14
responds
176:16,21
response
137:2
165:22
175:14
180:5
responsibil
ity 167:5
responsible
154:14
responsive
170:23
172:16,
17,20
175:19
177:11
176:4,11
180:4
rest 130:5
restroom
149:13
result
146:23
results
136:22
138:12
139:17
retired
144:2
revenues
154:17
review
129:12
134:22
136:8,9,
17
137:18,21
139:19
reviewed
130:19
146:18
ring
157:25
158:2
Rita
138:22
140:10
163:3,15
Rita 'a
130:3,4,9
ESQUIRE 8oa211.DEPO (3376)
EsquireSolutions. corn
WILLIAM H. THRASHER, CGFO Vol. II
O'BOYLE vs. TOWN OF GULF STREAM
June 19, 2013
Index: road -started
road 168:6
191:6,7
set 141:9
140:9
specific
roads
Santa
142:15,22
174:1
142:25
142:1
153:7
sewer
signs
146:8
141:20
168:3
specificall
roof
137:19
saves
185:11
142:6
191:21
y 143:17
shakes
simply
146:25
round
savings
147:2,5
155:25
151:21,
157:6
143:1
156:4
23,24
187:3
167:16
speech
152:1
share
172:22
170:18
rows
128:21
single
speeches
129:10
Scalia
193:10
146:3
132:24
168:23
RUDOLPH
170:6
126:24
scanned
sheep
sir 186:23
127:2,4,
162:5
190:4
sit 169:6
speed
6,15
sheet
181:5
schedule
Site
149:12
132:25
spend
173:9,11
136:8,9,
152:18,23
190:6
152:13
153:3
scoundrel
17 137:21
154:12,13
162:16
186:13
shock
situation
148:14,17
spoke
166:19
seasoned
149:1,3
146:6
158:14
168:5,20
169:5
157:5
169:16
shocked
situations
spoken
170:23
seconded
148:25
180:9
145:2
171:2,25
137:13,17
short
staff
172:3,13,
144:23
149:16
size
173:21
19
section
180:21
132:19
174:11,13
174:20,25
132:20
skins
175:21
158:3
show
190:4
stamp
176:6,11,
126:22,23
129:19
24 177:8
seek 167:9
133:13,14
someplace
standpoint
178:13,16
seldom
138:6
145:9
187:25
180:6
150:23
showing
sort
182:14,24
143:6
160:20
Stanley
186:14
seminars
170:15
137:12
187:17,21
155:25
sic 143:13
192:1
staple
192:6,8,
156:3,5
154:25
126:23,24
13,20
send 169:8
183:2
sound
193:5,12,
sensitive
side 158:6
133:25
Star
17,21,24
192:25
speak
150:17,22
147:18
run 153:9
sight
150:21
start
sequence
185:16
126:11
130:21
169:23
145:13
speaking
S
serving
sign
141:7
148:7
144:3
165:25
157:13
183:21
salary
signed
started
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
WILLIAM H. THRASHER, CGFO Vol. II
O'BOYLE vs. TOWN OF GULF STREAM
June 19, 2013
Index: starting -Timothy
131:2
storm
144:2
Tecum
177:12
134:16
141:12,20
145:17
174:22
186:5,8
159:4
142:5
164:9,10,
180:3
193:10
161:9
17 181:12
Stream
Ted 130:19
thoughts
170:22
129:17
symposiums
169:1
183:22
telephone
150:19
155:25
184:3
167:16
Thrasher
175:9
156:3
starting
178:2
telling
126:1,6
145:23
179:15
190:14
127:11,18
T
128:3,6,
stated
184:10
term 164:9
10,11,17
132:2
187:11,19
192:2
129:4
table
145:11
street
155:25
terminate
141:25
151:5
142:1
156:4
168:16
149:20
152:15
176:19
169:19
159:3
statement
strike
takes
170:2
171:7
181:9
137:3
177:18
173:23
187:14
Taking
terminology
174:9,10,
189:5,7,
stuff
180:2
153:15
17 175:5
9,11
162:11
testifying
177:23
submitted
talk
172:15,25
179:3,10,
statements
130:18,19
156:22
180:25
15'7:19
159:22
1.70:7
thing
181:2,10
states
180:12
136:2
182:19
189:20
Subpoena
talked
138:8
190:14,15
172:22
154:24
164:21
191:6
stating
174:21
175:1
158:22
talking
Thrasher's
Sunshine
things
139:15
176:18
Statute
156:7,8
126:16
145:10
158:14
151:24
131:6
time
170:7
134:5
132:10
statutes
superior
172:20
144:8
136:13
145:13
142:7
180:4
160:20
139:8,9,
164:6
Supreme
183:3
176:16
13 143:25
statutory
193:9
190:21
185:14
144:2,3
164:20
talks
148:24
surplus
thinking
stay
154:2
171:8
168:10
149:1
150:21,
160:24
surpluses
taxpayer
thought
22,24
stepping
154:18
154:11,
127:13,23
153:2
192:3
13,17
138:10
156:25
surprise
stop 168:8
150:16
taxpayers
142:18
157:1
154:9,14
144:10
167:13,
store
swimming
149:14
14,17
184:16,
137:19
Taylor
159:16
191:22
10,20
140:10
168:9
sworn
188:6
Timothy
175:17,19
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
WILLIAM H. THRASHER, CGFO Vol. II
O'BOYLE vs. TOWN OF GULF STREAM
129:17
130:4
titles
129:14
today
126:8
153:18
159:4
160:23
168:11
169:24
170:1
179:25
toes 192:3
told
148:18
193:9
Tom 163:14
top
129:12,16
133:7
total
14 9: 24
150:9
town
129:17
135:19
136:16
138:22
139:21
140:16,
19,24
141:1,8
144:3,7
14 5: 24
153:12
154:21
156:20
157:22
165:18
175:6
177:24
179:13
187:10,19
190:11,
13,15
191:2,3,7
track
170:14
172:3
train
149:14
transcript
169:9
transmittal
136:21
transmitted
144:12
trial
170:12
troubled
192:5,11
true
135:24
181:14,
17,20
trust
154:22,23
turn
150:11
turned
159:22
type
137:20
139:6,7
157:25
161:4
167:17
173:4
typed
190:7,9
typewritten
129:9
typically
165:23
167:8
n
LTh-huh
13 9: 10
unappropria
ted 152:5
153:13
unassigned
153:16,22
154:15
unaware
149:9
underneath
129:17
undersigned
181:11
understand
133:24
137:25
145:21
149:5,7,
160:11
169:3
175:18
181:22
188:1
understands
ng 154:1
188:3
unfunded
152:9,11
unilaterall
y 169:14,
17
unknown
135:14
unreserved
153:13
unsuccessfu
1 182:23
V
Variance
136:17
vehicle
165:16,17
verbal
165:22
verificatio
n 101:17
Verified
181:6,8,
9,13
view 165:8
violation
165:25
166:23
167:2,7,
10 168:4-
vote
68:4vote
139:2,3,4
144:21
voted
137:20
148:9
voting
155:17,22
W
wait
128:9,13
137:1
wall
161:23,25
June 19, 2013
Index: titles -words
wanted
157:16
163:22
168:11
192:19
wanting
146:14
168:15
war
150:20,21
151:1,2
Washington
193:10
Watch
186:6,9,
10
wear 149:1
Wednesday
126:8
week
139:10
148:23
whatsoever
145:21
William
126:1
174:17
175:5
177:23
179:3,10
wonderful
168:23
woodworker
183:4
word
136:10
144:8
words
152:14
158:24,25
189:13
ESQUIRE, 800.211.DEPO (3376)
EsquireSolutions. com
WILLIAM H. THRASHER, CGFO Vol. II June 19, 2013
O'BOYLE vs. TOWN OF GULF STREAM Index: work -yesterday