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HomeMy Public PortalAboutWilliam Thrasher Transcript 07/09/13 - Vol. 3Certified Copy In the Matter Of: O'BOYLE vs. TOWN OF GULF STREAM 502013CA00675OXXXXMB AO WILLIAM H. THRASHER, CGFO July 09, 2013 Vol. III C)ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com S O L U T I O N S WILLIAM H. THRASHER, CGFO Vol. III July 09, 2013 O'BOYLE vs. TOWN OF GULF STREAM 200 1 IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA 2 CASE NO. 502013CA00675OXXXXMB AO 3 MARTIN E. O'BOYLE 4 Plaintiff, 5 VS. 6 TOWN OF GULF STREAM, 7 Defendant, 8 9 10 11 CONTINUED DEPOSITION OF WILLIAM H. THRASHER, CGFO 12 13 VOLUME III, PAGES 200-255 14 15 TUESDAY, JULY 9th, 2013 100 SEA ROAD 16 GULF STREAM, FLORIDA 1:37 p.m. - 2:54 p.m. 17 18 19 20 21 22 STENOGRAPHICALLY REPORTED BY: VALERIE LEHTO, REGISTERED PROFESSIONAL REPORTER 23 NOTARY PUBLIC, STATE OF FLORIDA ESQUIRE DEPOSITION SERVICES 24 FORT LAUDERDALE OFFICE 25 ESQUIRE 800.211.DEPO (3376) SVLuflp„� EsquireSolutions.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WILLIAM H. THRASHER, CGFO Vol. III O'BOYLE vs. TOWN OF GULF STREAM APPEARANCES: APPEARING ON BEHALF OF THE PLAINTIFF: July 09, 2013 201 COMMERCE GROUP. BY: MARTIN E. O'BOYLE, PRO SE. BY: MARRETT W. HANNA, ESQUIRE, LIMITED APPEARANCE. 1280 WEST NEWPORT CENTER DRIVE DEERFIELD BEACH, FLORIDA 33442 (954) 570-3518 MOBOYLE@COMMERCE-GROUP.COM MHANNA@COMMERCE-GROUP.COM APPEARING ON BEHALF OF THE DEFENDANT: JONES, FOSTER, JOHNSTON & STUBBS, P.A. BY: JOHN C. RANDOLPH, ESQUIRE. 505 SOUTH FLAGLER DRIVE, SUITE 1100 WEST PALM BEACH, FLORIDA 33401 (561) 659-3000 JRANDOLPH@JONES-FOSTER.COM ESQUIF E 800.211. DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WILLIAM H. THRASHER, CGFO Vol. III July 09, 2013 O'BOYLE vs. TOWN OF GULF STREAM 202 WILLIAM H. THRASHER, CGFO Vol. III O'BOYLE vs. TOWN OF GULF STREAM July 09, 2013 203 1 Continued Deposition of WILLIAM H. THRASHER, CGFO, 2 taken before VALERIE LEHTO, Court Reporter/Registered 3 Professional Reporter and Notary Public in and for the 4 State of Florida at Large, in the above cause. 8 MR. RANDOLPH: Mr. O'Boyle, before you begin, 9 I would like to make a statement at the outset of 10 the deposition. 11 We have now been in deposition with 12 Mr. Thrasher seven hours and ten minutes excluding 13 any breaks that we may have taken and this is over 14 a simple public records case which includes four 15 elements: One, did you receive the documents 16 requested, two, was there an illegal redaction, 17 three, were you charged inappropriately for labor 18 and, four, were the documents provided 19 electronically as you had requested. 20 I encourage you to tailor your questions to 21 those issues at the outset of this deposition so 22 you can be sure to get all your questions asked. 23 I believe in the seven hours you have had with 24 Mr. Thrasher you've had an opportunity to cover all 25 these issues. It's my opinion you have turned this ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com WILLIAM H. THRASHER, CGFO Vol. III O'BOYLE vs. TOWN OF GULF STREAM July 09, 2013 204 1 deposition into a fishing expedition. I advised 2 you of this previously and gave you an opportunity 3 to explain how your questions were reasonably 4 calculated to lead to discoverable evidence, but 5 you refused to answer. At least you didn't answer 6 in the way I thought was appropriate. 7 Therefore, please be advised if you continue 8 to stray from the issues in this case and insist on 9 continuing on your fishing expedition I intend to 10 terminate this deposition. 11 At the last session I let you go on and I 12 believed that you were going to conclude on that 13 day. I believe you thought you were as well. 14 I have no intentions today, however, of 15 letting the depo continue if you continue on a 16 fishing expedition. 17 Thank you. 18 19 Thereupon, 20 WILLIAM H. THRASHER, CGFO 21 having been first duly sworn or affirmed, was examined 22 and testified as follows: 23 DIRECT EXAMINATION 24 BY MR. O'BOYLE: 25 Q. Good afternoon, Mr. Thrasher. My name is ESQUIRE 800.211.DEP0 (3376) EsquireSolutions. com WILLIAM H. THRASHER, CGFO Vol. III O'BOYLE vs. TOWN OF GULF STREAM July 09, 2013 205 1 Martin O'Boyle. How are you? 2 A. Good. 3 Q. Mr. Thrasher, I asked you this before, but are 4 you familiar with Chapter 119 of the Florida Statutes? 5 A. Generally, yes. 6 Q. What does generally yes mean? 7 A. I don't consider myself an expert on it. 8 Q. Okay, but aside from being an expert you're 9 well versed in it; is that correct? 10 MR. RANDOLPH: Object to the form of the 11 question. 12 THE WITNESS: I have a basic understanding of 13 it. 14 1 BY MR. O'BOYLE: 15 Q. And what does a basic understanding mean? 16 A. I have a general knowledge of it. 17 Q. And what does a general knowledge mean? 18 A. I don't have an answer. 19 Q. Okay, if someone were to ask you a question 20 under Chapter 119, as an example how much are we to 21 charge for copies, would you be able to answer that 22 question? 23 A. I probably would refer to the -- 24 Q. Pardon? 25 A. I probably -- I would refer to the Chapter ESQUIRE 800.211.DEPO (3376) EsquireSolutions. corn WILLIAM H. THRASHER, CGFO Vol_ III July 09, 2013 O'BOYLE vs. TOWN OF GULF STREAM 206 1 Q. But if somebody asked you how would you answer 2 that question if the Chapter wasn't available? 3 A. That the copies are on an eight and a half by 4 eleven, eight and a half by thirteen fifteen cents each. 5 If they were double -sided they would be twenty cents, an 6 additional five cents for the second half of the page 7 and that if the copies had to be spatially produced, by 8 that I mean going to a printer who had a different type 9 of equipment, larger equipment than what we could 10 duplicate that the cost would be our cost, the Town's 11 cost for duplication and that on what might be 12 determined to be excessive investment of Town staff time 13 there would be a charge for that, excessive, meaning 14 generally one and a half, two hours, maybe. 15 Q. I'm sorry? in and they asked 16 A. Generally one and a half, two hours, perhaps. 17 Q. Okay, so in your opinion an excessive period 18 of time would be one and a half to two hours? 19 A. It might be an hour, you know. I don't have a 20 real -- I think the statute talks about unusual or 21 1 excessive. 22 Q. Right, but if someone came in and they asked 23 for a document, a special document as you just described 24 and it was going to take the staff an hour would they be 25 charged a fee, a special I think you called it an ESQUIRE 800.211.DEPO (3376) EsquireSolutions.com WILLIAM H. THRASHER, CGFO Vol. III O'BOYLE vs. TOWN OF GULF STREAM 1 extensive charge? July 09, 2013 207 2 I don't remember the words you used. 3 A. If somebody came in to me I actually would 4 refer them to Rita. 5 Q. I'm sorry? 6 A. If somebody came in to me and asked me that 7 question or for that information I would refer them to 8 our Town Clerk, Rita Taylor. 9 Q. Okay, and how would Miss Taylor make the 10 determination of whether the billing commences at an 11 hour, commences in an hour and fifteen minutes, an hour 12 and a half, two hours? How would she make that 13 determination? 14 A. You'd have to ask her. I don't know. She's 15 the custodian of records. 16 Q. So you don't have an idea? 17 A. No. 18 Q. Okay, so whatever the Clerk -- And by the way, 19 she is the custodian of records; am I correct? 20 A. Yes. 21 Q. Okay, so whatever the custodian of records 22 1 decides to charge you're okay with it? 23 A. Yes. 24 Q. Okay, so if she charged a hundred dollars an 25 hour for fifteen minutes or ten minutes worth of work ESQUIRE 800.211.DEPO (3376) EsquireSolutions. cam WILLIAM H. THRASHER, CGFO Vol. III O'BOYLE vs. TOWN OF GULF STREAM 1 1 you're okay with it? July 09, 2013 208 2 MR. RANDOLPH: Objection. Object to the form 3 of the question. 4 THE WITNESS: No. I would not under those 5 circumstances be okay with it. 6 1 BY MR. O'BOYLE: 7 Q. Where would the limitations be? 8 A. You would have to ask her. 9 Q. Pardon? 10 A. You'll have to ask her. 11 Q. In your mind where would the limitations be? 12 MR. RANDOLPH: You're not -- You don't have to 13 guess at a deposition. If you know you can answer 14 yes, if you don't know -- 15 THE WITNESS: I don't know. 16 BY MR. O'BOYLE: 17 Q. Okay, if she charged a hundred dollars an hour 18 for ten minutes worth of work would you consider that 19 reasonable? 20 A. No. 21 Q. Okay, what would you consider reasonable? 22 A. I just don't have an answer for you. I would 23 refer you to Rita. 24 Q. Okay, if she charged ninety dollars for ten 25 1 minutes would you consider that reasonable? ESQUIRE 800.211.DEPO (3376) EsquireSolutions. rom WILLIAM H. THRASHER, CGFO Vol. III O'BOYLE vs. TOWN OF GULF STREAM July 09, 2013 209 1 A. I don't have an answer fox you. 2 Q. But a hundred dollars would not be reasonable? 3 A. I don't have an answer for you, Mr. O'Boyle. 4 Q. But you've already said a hundred dollars 5 would not be reasonable. 6 A. I did. 7 Q. Am I correct? 8 A. I don't have any other answer for you. 9 Q. I understand. I just want to make sure that I 10 correctly understood you. 11 You did say a hundred dollars would not be 12 reasonable? 13-__- A. For ten minutes I thought you said. 14 Q. Yes. 15 No. I said a hundred dollars an hour for ten 16 minutes. 17 A. i did say I didn't think that would be 18 reasonable. 19 Q. You did say you didn't think it would be? 20 A. Yes. 21 Q. But ninety dollars you're not sure? 22 A. I don't have an answer for you. 23 Q. Well, you have to give me an answer. 24 MR. RANDOLPH: He indicated -- He gave you an 25 answer. He said he would have to refer to the ESQUIRE 800.211.DEPO (3376) EsquireSolutions. corn WILLIAM H. THRASHER, CGFO Vol. III O'BOYLE vs. TOWN OF GULF STREAM 1 I records custodian. July 09, 2013 210 2 MR. O'BOYLE: I understand that, but if he's 3 not sure it's either a yes, no or I'm not sure. He 4 can refer to the records custodian all he wants. 5 THE WITNESS: I don't know. :1♦fi'iui�ilQi)�� 7 Q. So you don't know whether ninety dollars would 8 be? 9 A. No. 10 Q. Okay, under Chapter 119 what is a reasonable 11 time to fulfill a request? 12 A. I would refer that to the Town custodian of 13 records. 14 Q. What do you think. a reasonable time is? 15 A. I would refer you to the custodian of the 16 records. 17 Q. And I will ask the custodian of records, but 18 I'm asking you now: What do you think a reasonable 19 period of time is? 20 A. I don't know. 21 Q. Okay, if I came in, as an example, on your 22 front table there you have a sign -in sheet; am I 23 correct? 24 A. In the lobby, yes. 25 Q. Okay, if I asked for - made a records request ESQUIRE, 800.211.DEP0 (3376) EsquireSolutions.com WILLIAM H. THRASHER, CGFO Vol. III O'BOYLE vs. TOWN OF GULF STREAM July 09, 2013 211 1 for that sign -in sheet what would you think would be a 2 reasonable period of time to respond? 3 A. I would refer you to the custodian of the 4 records. 5 Q. I understand that, but what would you think? 6 A. I don't have an answer. 7 Q. You have no answer? 8 A. I don't know. 9 MR. RANDOLPH: Excuse me, and this is in the 10 form of an objection. Is one of the points in this 11 existing lawsuit that these records were not 12 produced in a reasonable period of time? 13 I don't believe it is. 14 MR. O'BOYLE: Okay, I think the point in the 15 existing lawsuit are shown in the Complaint. 16 MR. RANDOLPH: They are, and there's nothing 17 in the Complaint that indicates that these records 18 were not produced in a reasonable period of time. 19 MR. O'BOYLE: Well, that's what you say. 20 MR. RANDOLPH: Well, we can look at the 21 Complaint. 22 MR. O'BOYLE: Okay, you can look at the 23 Complaint. Meanwhile, I'm going to continue. 24 BY MR. O'BOYLE: 25 Q. Do you know if Chapter 19 (sic) requires any - ESQUIRE 800.211.UEPO (3376) EsquireSolutions. com WILLIAM H. THRASHER, CGFO Vol. III O'BOYLE vs. TOWN OF GULF STREAM July 09, 2013 212 1 if there's any obligations under Chapter, I'm sorry, 119 2 to fulfill a request? 3 A. Yes. 4 MR. RANDOLPH: Did you finish your question? 5 MR. O'BOYLE: Yes. 6 BY MR. O'BOYLE: 7 Q. Yes, you do know that? 8 A. To fulfill records, provide records? 9 Q. Yes. 10 A. Yes. 11 Q. Okay, and what would that be? 12 A. I don't have an answer. 13 I would refer you to the custodian of records. 14 Q. Then how do you know? 15 A. And I don't know. 16 Q. You don't know if Chapter 19 (sic) has a 17 requirement? 18 A. No, I don't know. 19 Q. What are the charges for the copies if you're 20 also charging a, I'm not sure what the term is, 21 excessive fee, special fee? You had said the charges 22 for eleven -by -fourteen and eleven -by -eight? 23 MS. HANNA: Eight and a half. 24 BY MR. O'BOYLE: 25 Q. Eight and a half, yes, were fifteen cents, so ESQUIRE 800.2111.DEPO (3376) EsquireSolutions. com WILLIAM H. THRASHER, CGFO Vol. III O'BOYLE vs. TOWN OF GULF STREAM 1 I what would be the charges? July 09, 2013 213 2 A. I don't know the answer. 3 Q. Okay, would it be fair to say that your 4 knowledge of Chapter 119 is, I'll use the term thin? 5 A. I have a general knowledge of it. 6 MR. RANDOLPH: Object to the form of the 7 question. 8 BY MR. O'BOYLE: 9 Q. And would you call it a good knowledge, an 10 excellent knowledge, a fair knowledge, a bad knowledge? 11 What would you call it? 12 A. I don't know. 13 Q. You don't know? 14 So general knowledge to you has no meaning? 15 A. I don't know. 16 Q. You don't know if general knowledge to you has 17 no meaning? 18 A. No. 19 Q. Okay, do you have any other knowledge besides 20 general knowledge? 21 A. No. 22 MR. RANDOLPH: Do you mean in regard to 23 Chapter 119? 24 MR. O'BOYLE: Yes. 25 I'm sorry. Yes. ES DIRE 800.211.DEPO (3376) EsquireSolutions. corn 1 2 3 2 5 6 7 ME 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WILLIAM H THRASHER, CGFO Vol. III O'BOYLE vs. TOWN OF GULF STREAM THE WITNESS: No. July 09, 2013 214 BY MR. O'BOYLE: Q. Okay, is there a policy here at the Town of Gulf Stream relative to special service charges or what you called excessive charges? A. A written policy? Q. Yes. We'll start there. A. No. Q. A verbal policy? A. No. Q. Okay, why did you -- I'm just curious. Why did you distinguish? A. I was sure about written. Q. Pardon? A. I was sure about written. Q. And you're not sure about verbal? A. I had to think about it. Q. I see. Okay, but now you've thought about it? A. I answered. Q. How then would you know how to charge? A. I would refer that situation to the custodian of the records. Q. And whatever she decided you would support? A. I would trust that her understanding would be CESQUIRE 800.211. DEPO (3376) EsquireSolutions. com WILLIAM H. THRASHER, CGFO Vol. III July 09, 2013 O'BOYLE vs. TOWN OF GULF STREAM 215 1 1 correct. 2 Q. Pardon? 3 A. I would trust that her understanding of the 4 statute would be correct. 5 Q. Okay, our request number 332, are you familiar 6 with that, Mr. Thrasher? 7 A. Somewhat. 8 Q. Okay, I see we're playing dentistry again. 9 What does somewhat mean? 10 A. Somewhat. 11 Q. What does somewhat. mean? 12 A. I have no further answer. I don't know. 13 MR. RANDOLPH: Well, have you seen it? Have 14 you seen the request or not? 15 THE WITNESS: Yes, I have seen it. 16 MR. RANDOLPH: Do you recall what it asked 17 for? 18 I'm sorry. 19 THE WITNESS: Generally it asked for all 20 communications to and from Marty Minor and William 21 Thrasher. 22 MR. RANDOLPH: Do you want to read it? 23 THE WITNESS: Yeah. 24 BY MR. O'BOYLE: 25 Q. Okay, I think this has been marked as an ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com WILLIAM H. THRASHER, CGFO Vol. III O'BOYLE vs. TOWN OF GULF STREAM July 09, 2013 216 1 exhibit, although the copy I'm going to give you has not 2 been marked as an exhibit, although if you'd like we can 3 refer to -- 4 MR. RANDOLPH: There's no need to do that. I 5 mean, I think I can look at this and remember, 6 although if you want for the purposes of the record 7 to identify the exhibit you can, but we can look at 8 this and see whether it's the one. 9 MR. O'BOYLE: That would be Plaintiff's 10 Exhibit Three if you would like to see it, 11 Mr. Randolph. 12 MR. RANDOLPH: All right, then why don't we 13 look at Plaintiff's Exhibit Three. 14 THE WITNESS: Okay, it says that -- 15 MR. RANDOLPH: A question is not pending, or 16 maybe it is. 17 THE WITNESS: Oh. 18 Is the question pending? Is there a question 19 pending? 21 Q. Have you familiarized yourself with it? 22 A. Yes. 23 Q. Okay, and when was the first time you seen 24 that again? 25 A. I don't know. I don't remember. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. rom 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WILLIAM H. THRASHER, CGFO Vol. III O'BOYLE vs. TOWN OF GULF STREAM July 09, 2013 217 Q. Okay, now if you -- When you saw it I assume the custodian of records would have brought it in to see you or you would have went in to her office and saw it? Would that be a correct statement? MR. RANDOLPH: Object to the form of the question. THE WITNESS: I don't know specifically how I came to be aware of this. BY MR. O'BOYLE: Q. Okay, how about un -specifically? A. I don't know. Q. You don't know? A. No. Q. Okay, could you have seen it on the floor? A. I guess I could have, but I didn't do that. Q. Do you remember seeing it on the floor? A. No. Q. Okay, in the men's room on the sink? A. No. Q. In the men's room on the floor? A. No. Q. Okay, anywhere in the building on the floor? A. No. Q. Okay, anywhere in the building outside of those double french doors leading in to where you and . ESQUIRE 800.211. DEPO (3376) EsquireSolutions.com 2 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WILLIAM H. THRASHER, CGFO Vol. III July 09, 2013 O'BOYLE vs. TOWN OF GULF STREAM 218 Miss Taylor sit? A. No. Q. Okay, where else could it have been? A. It was in there somewhere. Q. Pardon? A. It was in there somewhere. I just don't remember exactly where. Q. Okay, in there starting with the back and moving forward your office is in the back, correct? A. It's in the north. Q. But it is in the back. Is that correct or no? A. Side. I don't know. Q. Does it face this rear wall here? Do you have a window in this rear wall which would be the north wall? A. I have a window on the north wall and the west wall. Q. Okay, so it's the furthest one back, otherwise you'd be outside? A. The furthest one to the north. Q. To the north? A. Yes. Q. Which is -- Okay. And was it in there that you first saw it? C ESQUIRE 800.211.DEPO (3376) q i EsquireSolutions.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WILLIAM H. THRASHER, CGFO Vol. III O'BOYLE vs. TOWN OF GULF STREAM July 09, 2013 219 A. I do not remember. I don't know. Q. If it would have been would Rita have brought it in to you? MR. RANDOLPH: Object to the form of the question. THE WITNESS: I don't know that either. BY MR. O'SOYLE: Q. Okay, what is the policy, the process for fulfilling records requests in the Town of Gulf Stream? A. I would refer that question to the custodian of records, Rita Taylor. Q. Okay, what is your understanding of the policy for fulfilling records requests in the Town of Gulf Stream? A. I provide that information to Rita Taylor, the Town Clerk. Q. You provide it to her? A. If there's something that were sent to me I would, yes. Q. Okay, but the process, the policy, how is it done? You know, as an example a bill comes in my office, it goes to this person, they fill it out, they staple a voucher on it, it goes to accounting and they always say to me if you want to know what happens you just staple yourself to that bill and follow it and it ESQUIRE 800.211.DEP0 (3376) EsquireSolutions. com WILLIAM H. THRASHER, CGFO Vol. III O'BOYLE vs. TOWN OF GULF STREAM July 09, 2013 220 1 will tell you exactly what happens. What happens here? 2 A. I believe public records requests are directed 3 to the Town Clerk, the custodian of the records. 4 Q. Okay, and I think that's clear, but my 5 question is what happens next? 6 A. You'd have to ask the custodian of the 7 records. I don't know. 8 Q. Okay, would it be possible that the custodian 9 of .records would get a request for a record to say give 10 me Bill Thrasher's personnel file and her come to you 11 and say I don't want to give this up, it's in violation 12 of the law but I don't want to give it up? Is it 13 possible? 14 A. No. 15 Q. Okay, so if someone were to come and ask for 16 your personnel file she would come presumably to you? 17 A. No. 18 Q. No? 19 A. No. 20 Q. Okay, if someone came and said give me all of 21 Bill Thrasher's communications in the Marty O'Boyle file 22 would she come to you and say I don't want to give them 23 up? I know it's unlawful, but let's not give them up? 24 A. No. 25 Q. Okay, would you say, sure, here they are? ESQUIRE 800.21 i.DEPO (3376) EsquireSolutions.com WILLIAM H. THRASHER, CGFO Vol. III July 09, 2013 O'BOYLE vs. TOWN OF GULF STREAM 221 1 A. I would not touch them. I just don't mess in 2 her records. 3 Q. But they're your records. 4 A. They're in the Town file. 5 I don't go into those two rooms. I never have 6 since working here. 7 Q. But -- 8 A. I don't take them out, I don't put them back. 9 Q. But if they're electronic they're on your 10 machine? 11 A. Oh, yeah. 12 Q. Right? 13 A. Yeah. 14 Q. Okay, so let's talk about electronic records 15 on your machine. When she walks in she says I want to 16 get these records, I don't have them at all, I assume 17 you have them electronically on your machine. However, 18 I don't think we ought to give them up. Would that be 19 possible? 20 A. No. 21 MR. RANDOLPH: Object to the form of the 22 question. 23 BY MR. O'BOYLE: 24 Q. No? 25 A. No. ESQUIRE 800.211.DEPO (3376) EsquireSol utions. com WILLIAM H. THRASHER, CGFO Vol. III O'BOYLE vs. TOWN OF GULF STREAM July 09, 2013 222 1 Q. Okay, if she came in and said I've had a 2 request for these records, I believe they're on your 3 machine, I need to fulfill this response what would 4 happen? 5 A. I would provide them to her. 6 Q. And how would you provide them to her? 7 A. Print them out, give them to her. 8 Q. Now, would you look at the request or would 9 you take her summary? 10 A. I would look at the request. 11 Q. You would look at the request. 12 Okay, let's look if we can and I'm going to -- 13 Well, you can look at it. It's Number Three, I think. 14 No. You can look at it. I don't need to look 15 at it. 16 A. Three? 17 MR. RANDOLPH: Are you talking about 332? 18 MR. O'BOYLE: Yes. 19 MR. RANDOLPH: Go back to where you were. 20 MS. HANNA: Go to the end. It says exhibits. 21 1 BY MR. O'BOYLE: 22 Q. I'm sorry. You've read through that? 23 A. Yes. 24 Q. Okay, did Rita bring this in to you? 25 A. I don't remember. I don't know. ESQUIRE 800.211.DEPO (3376) EsquireSolutions.com 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WILLIAM H. THRASHER, CGFO Vol. III O'BOYLE vs. TOWN OF GULF STREAM July 09, 2013 223 Q. Okay, how would this have gotten fulfilled? Is there anyone other than you and Rita? This asks for William Thrasher's documents. Rita is the custodian. How else would it have gotten fulfilled? A. Through the custodian of the records. Q. But where would she get the documents? A. You'd have to ask her. I don't know. Q. But if they're on your machine where would she get them? A. She would not be able to as fax as I know. She does have access to my files, but -- Q. Okay; that's fair enough. Do you see the language at the bottom that's underlined about the middle - or I should say about four or five inches up from the bottom that starts it is requested? Can you read that paragraph into the record, please. MR. RANDOLPH: She can't take down a head nod, Bill, so you have to answer verbally. Do you see that? THE WITNESS: Yes. Actually, the other reporter did but, yes. MR. RANDOLPH; Well, you need to answer audibly. ESQUIRE 800.211. DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WILLIAM H. THRASHER, CGFO Vol. III O'BOYLE vs. TOWN OF GULF STREAM July 09, 2013 224 THE WITNESS: Okay. I'll do my best. BY MR. O'BOYLE: Q. Go ahead. A. "It is requested that this records request be fulfilled in electronic form. If not available in electronic form it is requested that this records request be fulfilled on eleven -by -seventeen paper. Note, in all cases unless impossible the copy should be two-sided and should be billed in accordance with Section 119.07 (4) (a) (2). All electronic copies are requested to be sent by E-mail delivery." Q. Okay, when we made this request what we received was an E-mail, and I know you'll take exception to it, but it had been doctored. The bottom half of the E-mail had been covered up and not exposed, hidden, if you will. MR. RANDOLPH: Object to the form. BY MR. O'BOYLE: Q. And it was a hard copy. As a matter of fact, Mr. Randolph was kind enough to send me a full copy but nonetheless a hard copy. This requests an electronic copy. Where did the breakdown in communication come? A. I don't know. Q. Well, the Clerk or the custodian came in to ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 3 i 13 14 15 16 17 18 19 20 21 WILLIAM H. THRASHER, CGFO Vol. III O'BOYLE vs. TOWN OF GULF STREAM July 09, 2013 225 you, it's your machine, the documents are on your machine. They're electronically on your machine. Did she not ask you for them? A. I think she was answering this request 332 based on her understanding of the request, and what that understanding was you'll have to ask her. Q. All right, you submitted at the last deposition multiple documents in response to this request. Do you recall that, Mr. Thrasher? A. Yes. MR. RANDOLPH: Object to the form of the question. Excuse me, Marty. In response to what request? In response to the subpoena duces tecum? MR. O'BOYLE: In response to the subpoena duces tecum which I believe echoed request number 332. MR. RANDOLPH: Object to the form. THE WITNESS: I provided records in regards to the duces tecum. 22 BY MR. O'BOYLE: 23 Q. Okay, and the last time that we had a 24 deposition here was - you provided those documents was? 25 MR. RANDOLPH: 6/19/13. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com I 1 2 3 4 5 6 7 8 9 10 11 12 16 17 18 19 20 21 22 23 24 WILLIAM H. THRASHER, CGFO Vol. III O'BOYLE vs. TOWN OF GULF STREAM July 09, 2013 226 BY MR. O'BOYLE: Q. 6/19/13. This request was made 4/15/13. How in the world did it take you two months and four days? A. I was responding to the duces tecum. Q. So you didn't think that any of the duces tecum documents were responsive to request number 332? Is that your testimony? A. I don't know. I don't know. Q. You don't know if that's your testimony? A. Yeah, I don't know. I don't know. Q. Did you ever look at the documents? A. Yes. On the duces tecum response. Q. Let's look at them now. A. Okay. Q. One second. A. May I ask for a restroom break? Q. Pardon? A. May I ask for a restroom break? Q. Yes. Of course. MR. O'BOYLE: Just remember, you're not allowed to speak to your attorney. THE WITNESS: Okay. 25 1 (Whereupon, there was a brief recess observed ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com WILLIAM H. THRASHER, CGFO Vol. III July 09, 2013 O'BOYLE vs. TOWN OF GULF STREAM 227 1 by all parties present, after which the deposition 2 resumed). 3 4 BY MR. O'BOYLE: 5 Q. Mr. Thrasher, you're back feeling good, are 6 you? 7 A. Yes. 8 Q. Good. 9 By the way, you're not under any type of 10 medication that would prevent you from answering 11 questions, remembering, not being able to comment on 12 questions and so forth, are you? -13_.- A. No. 14 Q. No? 15 A. No. 16 Q. Okay, Mr. Thrasher, what we're going to give 17 you is the deposition exhibits that were tendered by you 18 at your June 19th deposition and we're going to ask 19 you -- Or you've told us that the exhibits were produced 20 pursuant to our subpoena duces tecum; is that correct? 21 A. May I see the copy? 22 Q. Yes. You're going to be able to see them. 23 A. No. The duces tecum as well. 24 Q. Pardon? 25 A. The notice, the subpoena. C ESQUIRE 800.211.DEP0 (3376) EsquireSolutions. com WILLIAM H. THRASHER, CGFO Vol. III July 09, 2013 O'BOYLE vs. TOWN OF GULF STREAM 228 1 Q. Absolutely. Just to show you what kind of 2 1 sport I am. 3 A. I'd also like to see 332 again, please. 4 Q. Sure. 5 Well, here's a copy. 6 MS. HANNA: Can we take a five minute break? 7 MR. O'BOYLE: Let's take less than that. 8 9 (Whereupon, there was a brief recess observed 10 by all parties present, after which the deposition 11 resumed). 12 13 BY MR. O'BOYLE: 14 Q. Mr. Thrasher, you wanted to see, if I recall 15 correctly, the duces tecum request or was it the records 16 request? 17 A. The duces tecum. You showed me the public 18 records request. 19 Q. Okay, here you go. Here is a duces tecum 20 request but it has not been marked and if you'd like we 21 can have it marked again, but I can assure you it's the 22 same document. 23 MR. RANDOLPH: As far as I'm concerned you 24 don't have to have it marked. 25 It's up to you. ESQUIRE 800.211.DEPO (3376) 5 0 1 0= 1 �„ 1 EsquireSolutions.com WILLIAM H. THRASHER, CGFO Vol. III O'BOYLE vs. TOWN OF GULF STREAM July 09, 2013 229 1 I mean, I trust the fact that this is the 2 subpoena duces tecum that was given to him. 3 MR. O'BOYLE: Actually, I have good news. 4 BY MR. O'BOYLE: 5 Q. There is Exhibit Two. 6 The documents that are to be produced pursuant 7 to this document which is Plaintiff's Exhibit Three, I 8 think it's the Marty Minor Plaintiff's Exhibit Three 9 only because I have another document from you which is 10 Plaintiff's Exhibit Three, so that's the request and now 11 you have the duces tecum. 12 Okay, the documents in connection with the 13 duces tecum, do you see those as the documents or as 14 documents that are required pursuant to the records 15 request designated as records request 332 and marked as 16 Exhibit Three? 17 A. I would leave that to the custodian of public 18 records. 19 Q. But they're your documents. 20 A. But it's her responsibility. You'll have to 21 ask her. 22 Q. Okay, and I will. 23 A. Okay. 24 Q. In the meantime, here is a document titled 25 Plaintiff's Exhibit Three, Thrasher dated 6/17/13. Do ESQUIRE BOO.211.DEPO (3376) S�LV- I „ > Esquire Solutions.com 1 2 3 a 5 6 7 F7 9 10 11 12 16 17 18 19 20 21 22 23 24 25 WILLIAM H. THRASHER, CGFO Vol. III July 09, 2013 O'BOYLE vs. TOWN OF GULF STREAM 230 you see this document as being in response to the records request 332? A. I would leave that up to the custodian of the public records. Q. I understand. My question is do you see it? A. I don't know. Q. You don't know if it's a response. Okay, let's look at 332 again and let's read what the request is. A. Do you want me to read it outloud again? Q. Sure. A. Or read it outloud. "Please provide a copy of any reports or writings authored by Martin Minor or William Thrasher in regard to application number one on the agenda of the Town Commission meeting dated April 12th, 2013 for the premises known as 3211 North Ocean Boulevard, Gulf Stream, Florida." Q. Now, does that document which is Plaintiff's - which is Thrasher Three, does that have your writing anywhere on it? A. Yes. Q. It does? A. Yes. ESQUIRE 800.21 I.DEPO (3376) EsquireSol utions. com WILLIAM H. THRASHER, CGFO Vol. III O'BOYLE vs. TOWN OF GULF STREAM July 09, 2013 231 1 Q. Okay, now can we look back at the request and 2 see if you can find the word writing. 3 A. No. 4 Q. No? 5 A. No. 6 Q. Okay. 7 MR. RANDOLPH: How about writings? 8 THE WITNESS: Yes. 9 BY MR. O'BOYLE: 10 Q. Okay, those S's will get you each and 11 everytime. 12 Okay, so what makes you say that Thrasher 13 Three is not in fulfillment of Plaintiff's Three which 14 again I think is a Minor document, but what makes you 15 says it's not? 16 MR. RANDOLPH: He didn't say that. He said he 17 would rely on the public records custodian. 18 MR. O'BOYLE: I understand that, but then I 19 asked him what does he say. I mean, he can rely -- 20 Every question I ask him he can say I rely on my 21 uncle to answer it, but that's not why we're here. 22 We're here for him to answer. 23 MR. RANDOLPH: Well, I don't think you're here 24 for him to answer questions that he indicates he 25 relied upon the records custodian for. I don't ESQUIRE 800.211.DEPO (3376) EsquireSol utions. com WILLIAM H. THRASHER, CGFO Vol. III July 09, 2013 O'BOYLE vs. TOWN OF GULF STREAM 232 1 think you can take him through this deposition one 2 by one and ask him whether he thinks it's 3 responsive when he relied upon the public records 4 custodian for that. 5 MR. O'BOYLE: Well, with all due respect, 6 Mr. Randolph, that's nonsense. He's a grown man, 7 he knows how to read, he has an MBA and he knows 8 what the word writing means. He can tell whether 9 or not that is responsive. 10 If the records custodian said it's not and it 11 is he should fulfill it. If the records custodian 12 says it is then he should fulfill it, but he can't 13 sit here and say I'm going to put my head in the 14 sand and I'm not going to answer the question. 15 BY MR. O'BOYLE: 16 Q. My question to you, Mr. Thrasher, is is this 17 document, Thrasher Three, is it responsive to request 18 332? 19 MR. RANDOLPH: And I'm going to object on the 20 basis that he's already answered it, number one, 21 and, number two, you're asking -- You're invading 22 the province of the Court. It will be the Court's 23 determination as to whether or not that's 24 responsive or not. 25 MR. O'BOYLE: I'm not sure I understood, but I ESQUIRE 800.211.DEPO (3376) EsquireSof utions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WILLIAM H. THRASHER, CGFO Vol. III O'BOYLE vs. TOWN OF GULF STREAM don't think -- July 09, 2013 233 MR. RANDOLPH: It's on the record. MR. O'BOYLE: -- it's in the Court's province as to whether he knows the answer, and he's playing hide the ball. MR. RANDOLPH: Object to the -- If that's a question or statement I object to it. BY MR. O'BOYLE: Q. Okay, so, Mr. Thrasher, is it your answer then that that document, you don't have a clue whether it's responsive or not? A. I've answered. Q. Pardon? A. I've answered that I would refer that question to the custodian of records. Q. Okay, now I'm going to ask you again: Do you have a clue? Is there a chance that that's responsive? A. I'd refer that to the custodian of the records. Q. Is there a chance it's not responsive? A. I don't know. Q. Okay, what happens if the custodian of records passes away? A. I'm not sure what would happen. Q. You'd have to answer the questions, wouldn't ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 M 5 6 7 EN 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WILLIAM H. THRASHER, CGFO Vol. III July 09, 2013 O'BOYLE vs. TOWN OF GULF STREAM 234 you? MR. RANDOLPH: Object to the form. BY MR. O'BOYLE: Q. You'd have to fulfill them, wouldn't you? You're the boss, aren't you? A. No. Q. Who's the boss? A. The Town Commission. Q. The Town Commission gets involved in records requests? MR. RANDOLPH: Well, that wasn't your question. MR. O'BOYLE: No. I understand. I'm asking him. THE WITNESS: Only when asked. BY MR. O'BOYLE: Q. Okay, and give me an example of when they might be asked. A. If there is a public records request involving their information. Q. Okay, but this isn't a request involving their information? A. Pardon? Q. This isn't a request involving their information, right? ESQUIRE 800.211.DEP0 (3376) EsquireSol utions. com WILLIAM H. THRASHER, CGFO Vol. III O'BOYLE vs. TOWN OF GULF STREAM July 09, 2013 235 1 A. No. 2 Q. Okay, let's go on to the next one which is, I 3 think I'm reading it right, 3A, Thrasher and it's an 4 E-mail from Benjamin Schreier to Bill Thrasher several 5 E-mails dated Tuesday, May 28th, 2013 at 2:19. Would 6 you look at this document and tell me whether you think 7 it's in response to 332. 8 A. I'd refer that question to the custodian of 9 records. 10 Q. Okay, tell me whether you think it's in 11 response to 332. 12 A. I would respond -- I would refer that to the 13 custodian of records. It's not my job. 14 Q. But tell me whether you think it's in 15 response, not whether it's the custodian of records' 16 response. 17 A. I don't know. 18 Q. You don't know. 19 Okay, what would make you -- You seem to, and 20 I don't mean this disrespectfully, but you seem to know 21 nothing. You're the Town Manager, the records - public 22 records are a constitutional right and you seem to have 23 your head in the sand. 24 MR. RANDOLPH: Object to the form of the 25 question. ESQUIRE 800.211.DEPO (3376) EsquireSolutions, com WILLIAM H. THRASHER, CGFO Vol. III O'BOYLE vs. TOWN OF GULF STREAM 1 1 BY MR. O'BOYLE: July 09, 2013 236 2 Q. You seem to not know anything. 3 Now, my personal opinion is you know better 4 and you're just being evasive; am I right? 5 MR. RANDOLPH: Object to the form of the 6 question. 7 You can answer that question. 8 He asked if he's right that you're being 9 evasive. 10 THE WITNESS: No, you're not right. 11 BY MR. O'BOYLE: 12 Q. Okay, convince me I'm wrong. 13 MR. RANDOLPH: Object to the form of the 14 question. That's not a question. 15 BY MR. O'BOYLE: 16 Q. I'm going to show you now which is Plaintiff's 17 Exhibit Five and I think this is a Minor document, but 18 I'm not sure. What can you tell me about that document? 19 MR. RANDOLPH: Object to the form of the 20 question. 21 You can answer. 22 THE WITNESS: It's an E-mail from Marty Minor 23 to Bill Thrasher dated March 27th, 2013 and it 24 says, "Yes, I will be there with regards to the 25 terracotta roof color for 3211 North Ocean. As we ESQUIRE 800.211.DEP0 (3376) EsquireSolutions. com WILLIAM H. THRASHER, CGFO Vol. III July 09, 2013 O'BOYLE vs. TOWN OF GULF STREAM 237 1 discussed, the color is not consistent with code 2 and that's why there is an application for a 3 variance. As Benjamin Schreier has shown" -- 4 MR. RANDOLPH: Wait a minute, if I might. 5 Do you want him to read that -- 6 MR. O'BOYLE: No. 7 MR. RANDOLPH: -- or do you want him to tell 8 you what he knows about that document? 9 BY MR. O'BOYLE: 10 Q. That document there, is that document that you 11 have in your hand responsive to 332? 12 A. I would refer that to the custodian of the 13 records: - 14 Q. But I'm asking you. 15 A. I would refer that question to the custodian 16 of the records. 17 Q. You cannot answer it? Is that what you're 18 telling me, Mr. Thrasher? 19 A. I would refer it to the custodian of the 20 records. 21 Q. You didn't answer my question. 22 My question is you cannot answer it? Is that 23 what you're telling me? 24 A. I think I've answered your question. 25 Q. You have not answered my question. ES- DIRE 800.211.DEPO (3376) EsquireSolutions com WILLIAM H. THRASHER, CGFO Vol. III July 09, 2013 O'BOYLE vs. TOWN OF GULF STREAM 238 1 A. You have to speak with the custodian of the 2 records. 3 Q. I want to know -- 4 MR. O'BOYLE: Can you read back what I want to 5 know. F.7 7 (Whereupon, the requested portion of the 8 record was read back, after which the deposition 9 resumed). 10 11 THE WITNESS: I don't know if it's responsive. 12 You have to speak to the custodian of the records. 13 BY MR. O'BOYLE: 14 Q. And are you as sure about that -- How sure are 15 you about that answer? 16 A. I don't know. That's my answer. 17 Q. But you don't know how sure you are? 18 A. No. 19 Q. Okay, and you know absolutely nothing about 20 1 it, correct? 21 MR. RANDOLPH: Object to the form of the 22 question. 23 THE WITNESS: My answer? 24 BY MR. O'BOYLE: 25 Q. You know nothing about whether or not that ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com WILLIAM H. THRASHER, CGFO Vol. III O'BOYLE vs. TOWN OF GULF STREAM July 09, 2013 239 1 document is in response - is responsive to that 2 document? 3 A. I would refer that to the custodian of the 4 records. 5 Q. Right, but you. You. 6 A. I would refer that to the custodian of the 7 records. 8 Q. But you know you don't know; is that correct? 9 A. The same answer. I would refer it to the 10 custodian of the records. 11 Q. That's not the question I asked you. 12 MR. O'BOYLE: Mr. Randolph, you heard the 13 question I asked him. Would you kindly instruct 14 your client to answer the question. He's avoiding, 15 he's evasive, he's making me go through dentistry 16 and we're going to make this deposition not last 17 seven hour's but it will be seventy hours if he 18 keeps it up. 19 MR. RANDOLPH: Well, I don't believe that he 20 is being evasive. I believe that he's in good 21 faith relying upon the decision of the records 22 custodian in determining whether or not this was 23 responsive to the records and I don't believe that 24 he has engaged in that decision making process and 25 that's why he's referencing this, and this isn't a ESQUIRE 800.211. DEPO (3376) EsquireSolutions. com WILLIAM H. THRASHER, CGFO Vol. III July 09, 2013 O'BOYLE vs. TOWN OF GULF STREAM 240 1 speech, Mr. O'Boyle. I just -- At the beginning of 2 the deposition I indicated that I'd probably have 3 to leave about ten to 3:00 to get to Federal Court, 4 so I'd urge you to -- And I can't tell you how to 5 conduct your deposition, so don't think I'm doing 6 that, but I just wanted you to get in as much as 7 you can today in hopes that we would not have to 8 come back for -- We're in the ninth hour -- In 9 hopes that we wouldn't have to come back to 10 continue this deposition. 11 MR. O'BOYLE: And there's nothing that I would 12 like better because to schlep up here with all 13 these bags for an hour of dentistry and no answers 14 is not at all what I had in mind. 15 I had in mind getting answers and hopefully 16 finishing the deposition. 17 BY MR. O'BOYLE: 18 Q. Mr. Thrasher, were you truthful with your 19 answer a moment ago? 20 A. I believe so. 21 Q. If someone asked you the same question before 22 and you answered differently would that be not truthful? 23 A. I -- 24 MR. RANDOLPH: If you're trying to use his 25 deposition, the same deposition that he's in to ESQUIRE 800.21 LDEPO (3376) EsquireSolutions. com WILLIAM H. THRASHER, CGFO Vol. III O'BOYLE vs. TOWN OF GULF STREAM July 09, 2013 241 1 attack his credibility please let him know the line 2 and page that you're talking about. 3 BY MR. O'BOYLE: 4 Q. Okay, can you answer my question, please. 5 A. What was your question? 6 MR. O'BOYLE: Can you read it back. 7 MR. RANDOLPH: He asked if you were truthful 8 with your answer that you didn't know. 9 THE WITNESS: Yes. 10 BY MR. O'BOYLE: 11 Q. And you -- 12 A. I believe I was. 13 Q. If you were asked before you were equally as 14 truthful, correct? 15 A. I would hope so, yes. 16 Q. Well, it's either yes or no. 17 A. Yes. 18 Q. Yes. Good. 19 Okay, let's go on to Thrasher 3B. Kindly take 20 a look at it and ask -- And kindly tell me if you 21 believe that that document is in response to request 332 22 which I believe is Exhibit Three. 23 MR. RANDOLPH: Objection. This line of 24 questioning is I believe inappropriate under the 25 circumstances because of the fact that he has given ESQUIRE 800.211. DEPO (3376) EsquireSolutions. com WILLIAM H. THRASHER, CGFO Vol. III July 09, 2013 O'BOYLE vs. TOWN OF GULF STREAM 242 1 you his answers to each one of these and you must 2 reasonably believe that his answers are going to be 3 consistent with each document that you give him and 4 we're going to be here for hours if you continue 5 with this line of questioning. 6 MR. O'BOYLE: Well, unfortunately, 7 Mr. Randolph, what you just said was just not true. 8 His answers have been inconsistent, his conduct has 9 been duplicitous and his credibility is at great 10 stake and I intend to go through it. 11 Now, that's where we are. 12 I appreciate you're defending your client, but 13 what you said isn't true, so -- 14 MR. RANDOLPH: I believe it is. 15 We're wasting -- 16 MR. O'BOYLE: You can believe it's true all 17 you want because you see this here? 18 MR. RANDOLPH: Yes. 19 MR. O'BOYLE: This is a certified transcript. 20 MR. RANDOLPH: Yes, but you've got the 21 obligation when you asked him -- 22 MR. O'BOYLE: When you have read that 23 transcript you will see what I'm telling you. 24 MR. RANDOLPH: Yes, but you have the 25 obligation when you're trying to attack somebody's ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WILLIAM H. THRASHER, CGFO Vol. III July 09, 2013 O'BOYLE vs. TOWN OF GULF STREAM 243 credibility to show him what you're relying upon in that regard and you haven't done that and I believe you've got that responsibility if you're going to attack the credibility of a witness. MR. O'BOYLE: Well, thank you for sharing that. MR. RANDOLPH: But you're not going to do that. MR. O'BOYLE: Thank you for sharing that with me. MR. RANDOLPH: Well, you're welcome. MR. O'BOYLE: As always I appreciate your advice. Just off the record a second. (Whereupon, there was an off the record discussion had, after which the deposition resumed). BY MR. O'BOYLE: Q. Okay, Mr. Thrasher, the last document that I gave you which is document -- Can you read it? I can't see it. I'm sorry. A. 3B. Q. 3D as in dog? ESQEIRE 800.211.DEPO (3376) EsquireSol utions. com 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 1B 19 20 21 22 23 24 25 WILLIAM H. THRASHER, CGFO Vol III O'BOYLE vs. TOWN OF GULF STREAM A. B as in boy. July 09, 2013 244 Q. Boy. Okay, is that document in your opinion, assuming that the custodian of records passed away this morning, is that document in your opinion responsive to 332? A. I would refer to the living custodian of the records. Q. But there would not be none. MR. RANDOLPH: Did you say there would not be none? MR. O'BOYLE: Well, if the custodian passed away. MR. RANDOLPH: I was just checking on your grammar what you said there. I don't know. MR. O'BOYLE: I don't know either. BY MR. O'BOYLE: Q. So what you're saying is you're just not going to answer; is that right? A. I said I would refer that question to the custodian of the records. Q. But she'd be in a casket. A. It's just a hypothetical situation that you're presenting to me. ESQZJIRE 800.211.DEPO (3376) EsquireSotutions. com 1 2 3 0 5 6 7 8 F] 13 14 15 16 17 18 19 20 21 22 23 WILLIAM H. THRASHER, CGFO Vol. III O'BOYLE vs. TOWN OF GULF STREAM July 09, 2013 245 Q. Yes. A. She's alive. Q. I know. A. I have no response to that question. Q. Okay, so without her you don't know? A. I said I would refer the question to the custodian of the records as it relates to public records number 332. Q. Right, and as -- If she were not here, if she were on vacation, if she did not give you the response you just don't know the answer, do you? A. It's not something that I'm responsible for. Q. I understand. Now can you answer my question? A. I have no answer. I don't know what to say. MR. RANDOLPH: Other than what you said that you're not responsible for it. THE WITNESS: Right. BY MR. O'BOYLE: Q. So you're not responsible for it? MR. O'BOYLE: Can you read my question back, madam. 24 (Whereupon, there was an off the record 25 discussion had, after which the deposition resumed). ESQUIRE 800.211.DEP0 (3376) 1, EsquireSolutions.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WILLIAM H. THRASHER, CGFO Vol. III July 09, 2013 O'BOYLE vs. TOWN OF GULF STREAM 246 THE WITNESS: There would be a replacement for the custodian of the records and it would be her responsibility. BY MR. O'BOYLE: Q. Right, but until there was a replacement you don't know the answer, do you? A. No. Q. If there was no custodian of records you do not know the answer, do you? A. I don't know. Q. You don't know? A. As it relates to 332, public records request 332. Q. And you don't know the answer as to whether or not this is responsive? A. I would refer that to somebody who has the responsibility of being the custodian of the records. I am not. Q. Okay, and I know you're not, but do you think it's responsive? Yes or no? I don't care what the custodian thinks. I care what you think. MR. RANDOLPH: He's asked and answered it to the best of his ability. MR. O'BOYLE: I don't think he has. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com WILLIAM H. THRASHER, CGFO Vol. III July 09, 2013 O'BOYLE vs. TOWN OF GULF STREAM 247 1 THE WITNESS: I've answered it to the best of 2 my ability. 3 BY MR. O'BOYLE: 4 Q. I don't think you have. 5 MR. O'BOYLE: And by the way, if you'd like to 6 testify, we have a few minutes left, you're more 7 than welcome to because right now it's puppetting. 8 MR. RANDOLPH: It's what? 9 MR. O'BOYLE: Puppetting. 10 MR. RANDOLPH: No, it's not. 11 MR. O'BOYLE: You're making a statement and 12 he's echoing it. 13 MR. RANDOLPH: That's not true. 15 Q. Do you know whether or not this is responsive, 16 3B I think it is to 332? Do you know? 17 MR. RANDOLPH: Mr. O'Boyle, I think you're 18 harassing the witness. 19 It's ten till. I've got to get to Federal 20 Court and I would like to conclude this deposition 21 at this time. 22 MR. O'BOYLE: Well, you said you would wait 23 till 3:00. 24 MR. RANDOLPH: I said possibly, but that's 25 really pushing me. I've got to be at the Veteran's ESQUIRE 800,211.DEP0 (3376) EsquireSolutions. com WILLIAM H. THRASHER, CGFO Vol. III O'BOYLE vs. TOWN OF GULF STREAM July 09, 2013 248 1 Administration at 4:00 and I don't know exactly 2 where in that building it is. 3 MR. O'BOYLE: Okay. Well, let me ask one more 4 question. 5 BY MR. O'BOYLE: 6 Q. The word responsive, have you ever heard it? 7 A. Yes. 8 Q. Yes? 9 A. Yes. 10 Q. What does it mean? 11 A. To respond. 12 Q. Okay, if I said give me these documents as 13 responsive documents what would that mean to you, 14 responsive? 15 A. I don't know what that would mean. 16 Q. You don't know? 17 A. No. 18 Q. Okay, in what context would you know what 19 responsive means? 20 A. I would associate it with public records. 21 Q. Okay, and keep going. 22 A. That's my answer. 23 Q. So you would associate responsive with public 24 records and when someone says, oh, responsive with 25 public records, I understand, and when they say but what ESQUIRE 800.211.DEP0 (3376) EsquireSolutions. com 1 2 3 a 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WILLIAM H. THRASHER, CGFO Vol. III O'BOYLE vs. TOWN OF GULF STREAM July 09, 2013 249 does it mean you would say I don't know, I have to ask the custodian? I don't know. I think there was a third one. What would be your response? MR. RANDOLPH: Object to the form. He's answered the question. We've got to go. I believe you're badgering the witness and I'd like to terminate the deposition at this time for purposes of my going to Federal Court. MR. O'BOYLE: I understand. Okay. MR. RANDOLPH: I'll leave -- As far as whether we're going to continue into a tenth hour with Mr. Thrasher on this particular case I'll reserve my judgment on it with regard to whether we want to continue the deposition. MR. O'BOYLE: Well, if you can let us know tomorrow we would appreciate it because we are as you know taking Miss Taylor's deposition on Thursday. MR. RANDOLPH: Right. MR. O'BOYLE: And now I think we intend to file a summary judgment, do we not? And we'd like to finish Mr. Thrasher. MR. RANDOLPH: I wish we could finish today, I really do, and you did, too. ESDIRE 800.211.DEP0 (3376) Q"` > , � ... EsquireSolutions.com WILLIAM H. THRASHER, CGFO Vol. III July 09, 2013 O'BOYLE vs. TOWN OF GULF STREAM 250 1 MR. O'BOYLE: Why don't you come back. You 2 can come over to my house and look at the artwork. 3 MR. RANDOLPH: I've really got to be in 4 Federal Court. I've really got to get going. 5 THE COURT REPORTER: Is the transcript 6 ordered? 7 8 9 10 14 15 16 17 18 19 20 21 22 23 24 25 copy? MR. O'BOYLE: I think so. MS. HANNA: Yes. THE COURT REPORTER Do you want to order a MR. RANDOLPH: Please. Please. (Whereupon, signature and formalities not having been waived, the deposition concluded at 2:54 o'clock p.m.) ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WILLIAM H. THRASHER, CGFO Vol. III O'BOYLE vs. TOWN OF GULF STREAM CERTIFICATE OF OATH STATE OF FLORIDA COUNTY OF BROWARD July 09, 2013 251 I, VALERIE LEHTO, the undersigned authority, certify that WILLIAM H. THRASHER, CGFO personally appeared before me and was duly sworn. Dated this 9th day of July, 2013, I W 0 4r 'NOW, VALERIE LEHTO, RPR NOTARY PUBLIC - STATE OF FLORIDA My Commission Expires: 8/22/2014 My Commission No.: EE 009474 ESQUIRE 800.211.DEP0 (3376) EsquireSolutions. com WILLIAM H. THRASHER, CGFO Vol. III July 09, 2013 O'BOYLE vs. TOWN OF GULF STREAM 252 1 I CERTIFICATE 2 3 STATE OF FLORIDA 4 COUNTY OF BROWARD 5 I, VALERIE LEHTO, Registered Professional 6 Reporter, do hereby certify that I was authorized 7 to and did stenographically report the foregoing 8 deposition as hereinabove shown, and the testimony 9 of said witness was reduced to computer transcription 10 under my personal supervision and direction and that 11 the record is a true record of the testimony given 12 by the witness. 13 I further certify that I am not a relative, 14 employee, attorney or counsel of any of the parties, 15 nor am I a relative or employee of any of the parties' 16 attorney or counsel connected with the action, nor 17 am I financially interested in the action. 1B Dated this 9th day of July, 2013. 19 20 21 oG1 VALERIE LEHTO 22 Registered Professional Reporter COMMISSION NO. EE 009474 23 MY COMMISSION EXPIRES 8/22/2014 rza 25 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com WILLIAM H. THRASHER, CGFO Vol. III July 09, 2013 O'BOYLE vs. TOWN OF GULF STREAM 253 1 DEPOSITION ERRATA SHEET 2 3 1 ASSIGNMENT NO. 383260 4 O'BOYLE vs. TOWN OF GULF STREAM 5 6 DECLARATION UNDER PENALTY OF PERJURY 7 I declare under penalty of perjury 8 that I have read the entire transcript of 9 my Deposition taken in the captioned matter 10 or the same is true and accurate, save and 11 except for changes and/or corrections, if 12 any, as indicated by me on the DEPOSITION 13 ERRATA SHEET hereof, with the understanding 14 that I offer these changes as if still under 15 oath. 16 Signed on the day of 17 2013. RU 19 20 21 22 23 24 25 WITNESS NAME ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WILLIAM H. THRASHER, CGFO Vol. III O'BOYLE vs. TOWN OF GULF STREAM DEPOSITION ERRATA SHEET Page No. Line No. Change to: Reason for change: Page No. Line No Reason for change: Page No. Line No Reason for change: Page No. Line No Reason for change: Page No. Line No Reason for change: Page No. Line No Reason for change: Page No. Line No Reason for change: Page No. Line No Reason for change: Page No. Line No Reason for change: Page No. Line No Reason for change: SIGNATURE: Change to: Change to: Change to: Change to: Change to: Change to: Change to: Change to: Change to: WILLIAM H. THRASHER, CGFO ESQT j1RE July 09, 2013 254 DATE: 800.211. DEPO (3376) Esquire5olutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WILLIAM H. THRASHER, CGFO Vol. III O'BOYLE vs. TOWN OF GULF STREAM DEPOSITION ERRATA SHEET Page No. Line No. Change to: Reason for change: Page No. Line No Reason for change: Page No. Line No Reason for change: Page No. Line No Reason for change: Page No. Line No Reason for change: Page No. Line No Reason for change: Page No. Line No Reason for change: Page No. Line No Reason for change: Page No. Line No Reason for change: Page No. Line No Reason for change: SIGNATURE: Change to: Change to: Change to: Change to: Change to: Change to: Change to: Change to: Change to: WILLIAM H. THRASHER, CGFO CESQJIRE July 09, 2013 255 DATE: 800.211.DEPO (3376) EsquireSolutions. com WILLIAM H. THRASHER, CGFO Vol. III O'BOYLE vs. TOWN OF GULF STREAM July 09, 2013 Index: 119 -boy 229:15 238:19 artwork bad 213:10 1 230'2'9 access 250:2 badgering _____--- _.__.. 232:18 223:12 asks 223:3 249:7 235:7, 119 205:4, 237:11 accordance associate bags 20 210:10 241:21 224:9 248:20,23 240:13 212:1 213:4,23 244:6 accounting assume ball 233:5 245:8 219:23 217:1 119.07 246:12,13 221:16 based 224:10 247:16 additional 225:5 12th 3:00 240:3 206:6 assuming basic 230:17 247;23 Administrat 244:4 205:12,15 19 211:25 3A 235:3 ion 248:1 assure basis 212:16 advice 228:21 232:20 3B 241:19 243:13 attack 19th 243:24 241:1 begin 227:18 247:16 advised 203:8 242:25 31) 243:25 204:1,7 243:4 beginning 2 affirmed 240:1 attorney - 204:21 226:22 believed 4 2 224:10 afternoon 204:12 audibly 2013 4 224:10 204:25 223:25 Benjamin 230:17 agenda 235:4 235:5 4/15/13 230:16 authored 237.3 226:3 230:15 236:23 ahead bill 27th 4:00 248:1 224'3 avoiding 219:21,25 239:14 236:23 alive 220:10,21 28th 235:5 6 245:2 aware 223:20 217:8 235:4 2:19 235:5 allowed 236:23 6/17/13 226:22 —_--- 2:54 229:25 B billed 250:15 answering - 224:9 6/19/13 225:4 225:25 227:10 back billing 3 226:2 218:8,9, 207:10 -" answers 11,19 boss 240:13,15 221:8 3211 A 242:1,2,8 222:19 234:5,7 230:18 236:25 application 227:5 bottom ability 230:16 231:1 223:14,16 332 215:5 246:24 237:2 238:4, 224:14 222:17 247:2 240:8,9 Boulevard 225:4,18 absolutely April 241:6 230:18 226:7 230:17 245:21 228:3 228:1 250:1 boy 244:1, ESQUIR4E 800.211.DEP0 (3376) 11 EsquireSol utions. com WILLIAM H. THRASHER, CGFO Vol. III O'BOYLE vs. TOWN OF GULF STREAM July 09, 2013 Index: break -custodian 2 CGFO 203:1 clue continue 240:3 i break 204:20 233:10,17 204:7,15 247:20 226:17,19 chance code 237:1 211:23 249:9 228:6 233:17,20 240:10 250:4,5,9 color 242:4 Chapter 236:25 249:12,15 Court'sbreakdown 224:23 205:4,20, 237:1 232.22 25 206:2 Continued 233:3 breaks commences 203:1 203:13 210:10 207:10,11 cover 211:25 continuing 203:24 bring 212:1,16 comment 204:9 222:24 213:4,23 227:11 covered convince 224:15 brought charge Commission 236:12 219:2 205:21 230:17 credibility building 206:13 234:8,9 copies 241:1 205:21 242:9 217:22,24 207:1,22 communicati 206:3,7 243:1,4 248:2 214:21 on 224:23 212:19 curious charged communicati 224:10 214:11 C 203:17 ons 215:20 copy 216:1 206:25 220:21custodian 224:8,19, 207:24 207:15, calculated 208:17,24 Complaint 20,21,22 19,21 204:4 211:15, 227:21 210:1,4, call charges 17,21,23 228:5 12,15,17 212:19,21 230:14 213:9,11 213:1 concerned 250:10 211:3 called 214:4,5 228:23 212:13 correct 214:22 206:25 charging conclude 205:9 217:2 214:5 212:20 204:12 207:19 219:10 carechecking 247:20 209:7 220:3,6,8 246:21,22 244:14 concluded 210:23 223:4,6 250:14 215:1, 224:25 case circumstanc 217:4 229:17 203:14 as 208:5 conduct 218:9,11 230:3 204:8 241:25 240:5 238:20 231:17,25 249:13 clear 242:8 239:8 232:4,10, cases 220:4 connection 241:14 11 224:8 Clark 229:12 correctly 233:15, casket 207:16 consistent 209:10 18,22 244:23 219:16 237:1 228:15 235:8,13, 15 cents 220:3 242:3 coat 237:12, 206:4,5,6 224:25 constitutio 206:10,11 15,19 212:25 client nal 235:22 Court 238:1,12 certified 239:14 context 203:2 239:3,6, 242:19 242:12 248:18 232:22 10,22 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com WILLIAM H. THRASHER, CGFO Vol. III July 09, 2013 O'BOYLE vs. TOWN OF GULF STREAM Index: dated..Excuse 244:4,7, 238:8 228:22 17,19 212:22 12,22 239:16 229:7,9, 229:2,11, eleven -by - 245:7 240:2,5, 24 230:1, 13 fourteen 246:2,8, 10,16,25 20 231:14 due 232:5 212:22 17,21 243:17 232:17 249:2 245:25 233:10 duly eleven -by - 247:20 235:6 204:21 seventeen 249:8,15, 236:17,18 duplicate 224:7 D — 18 250:14 237:8,10 206:10 encourage designated 239`1'2 203:20 dated 241:21 duplication 229:25 229:15 242:3 206:11 end 222:20 230:17 determinati 243:20,21 duplicitous engaged 235:5 on 207:10, 244:3,5 242:9 239:24 236:23 13 232:23 documents equally day 204:13 determined 203:15,18 E 241:13 days 226:4 206:12 223:3,7 ------ determining 225:1,8, equipment decided 24 226:7, E-mail 206:9 214:24 239:22 12 229:6 224:11, decides differently 12,13,14, 13,15 evasive 236:4,9 207:22 240:22 19 235:4 239:15,20 DIRECT 246:12,13 236:22 decision everytime 239:21,24 204:23 dog 243:25 E-mails 231:11 defending directed dollars 235:5 evidence 242:12 220:2 207:24 echoed 204:4 discoverabl 208:17,24 225:17 delivery e 204:4 209:2,4, echoing EXAMINATION 224:11 11,15,21 a 2-7'12 204:23 dentistry discussed 210:7 examined 237:1 electronic 215:8 doors 221:9,14 204:21 239:15 discussion 217:25excellent 224:5,6, 240:13 243:17 10,22 213:10 245:25 double depo 217:25 electronics exception 204:15 disrespect£ lly 203:19 224:13 ul double- deposition 23 235:20 sided 221:17 excessive 203:1,10, 206:5 225:2 206:12, 11,21 distinguish 204:1,10 214:12 duces elements 13,17, 208:13 225:15, 203:15 212:21 225:8,24 doctored 17,21 eleven 214:5 227:1,17, 224:14 226:5,6, 206:4 excluding 1B 228:10 document 13 eleven -by - 203:12 232:1 206:23 227:20,23 eight Excuse 226:15, E" DIRE 800.21 i.DEPO (3376) EsquireSolutions.com WILLIAM H. THRASHER, CGFO Vol. III O'BOYLE vs. TOWN OF GULF STREAM 211:9 205:4 230:19 225:13 215:5 follow exhibit familiarize 219:25 216:1,2, d 216:21 form 7,10,13 Federal 205:10 229:5,7, 240:3 208:2 8,10,16, 247:19 211:10 25 236:17 249:9 213:6 241:22 250:4 217:5 exhibits 219:4 fee 206:25 222:20 221:21 212:21 227:17,19 224:5,6, feeling 17 existing 211:11,16 227:5 225:11,19 fifteen 234:2 expedition 206:4 235:24 204:1,9, 207:11, 236:5,13, 16 212:25 19 238:21 expert 249:4 file 205:7,8 220:10, formalities explain 16,21 250:13 204:3 221:4 forward exposed 249:22 218:9 224:15 files french extensive 223'12 217:25 207:1 fill front 219:22 210:22 F find 231:2 fulfill finish 210:11 face 212:4 212:2,8 218:14 249:23,24 222:3 232:11,12 fact finishing 234:4 224:19 240:16 229:1 fulfilled fishing 223:1,204:1,9, 241:25 224:5,7 fair 16 213:3,10 fulfilling 223:13 floor 219:9,13 217:14, faith 16,20,22 fulfillment 239:21 231:13 Florida familiar 205:4 full 224:20 July 09, 2013 Index: exhibit..hidden furthest 218:19,21 G gave 204:2 209:24 243:21 general 205:16,17 213:5,14, 16,20 generally 205:5,6 206:14,16 215:19 get all 203:22 give 209:23 216:1 220:9,11, 12,20,22, 23 221:18 222:7 227:16 234:17 242:3 245:10 248:12 good 204:25 205:2 213:9 227:5,8 229:3 239:20 241:18 grammar 244:15 great 242:9 grown 232:6 guess 208:13 21'7:15 Gulf 214:4 219:9,13 230:18 half 206:3,4, 6,14,16, 18 207:12 212:23,25 224:14 hand 237:11 HANNA 212:23 222:20 228:6 250:8 happen 222:4 233:24 harassing 247:18 hard 224:19,21 head 223:19 232:13 235:23 heard 239:12 248:6 hidden 224:15 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com WILLIAM H THRASHER, CGFO Vol. III O'BOYLE vs. TOWN OF GULF STREAM July 09, 2013 Index: hide -Minor hide 233:5 inappropria judgment left 247:6 236:23 hope tely 249:14,22 LEHTO marked 203:17 241:15 June 203:2 215:25 hopes inches 227:18 letting 216:2 240:7,9 223:16 ___.. 204:15 228:20, includes21,24 R hour limitations 229:15 206:19,24 203:14 208:7,11 Martin 207:11,25 inconsisten kind living 208:17 t 242:8 224:20 205:1 244:7 230:15 209:15 information 228:1 240:8,13 lobby Marty 207:7 kindly 249:12 210:24 215:20 219:15 239:13 hours 234:20, 241:19,20 -- -- 220:21 203:12,23 22,25 225:13 knowledge __ M _._. 229:8 206:14, insist 205:16,17 236:22 16,18 204:8 213:4,5, machine 207:12 9,10,14, 221:10, matter 239:17 instruct 16,19,20 15,17 224:19 242:4 239:13 222:3 MHA 232:7 house intend 223:9 250:2 204:9 L 225:1,2 meaning 242:10 206:13 hundred madam 213:14,17 249:21 labor 207:24 245:22 208:17 intentions 203:17 means made 232:8 209:2,4, 204:14 language 210:25 248:19 11,15 invading 223:14 224:12 meantime hypothetica 232:21 Large 226:3 1 244:24 investment 203:4 make 229:24 medication 206:12 larger 207:9,12 227:10 T involved 206:9 209:9 235:19 meeting 234:9 law 220:12 239:16 230:17 idea involving lawsuit 207:16 234:19, 211:11,15 makes men's identify 21,24 231:12,14 217:18,20 lead 204:4 216:7 making mess 221:1 issues leading 24 239:15,middle illegal 203:21,25 217:25 247:11 203:16 204:8 223:15 impossible leave man 232:6 mind 229:17 224:8 J 240:3 Manager 208:11 235:21 240:14,15 inappropria 249:11 to 241:24 job 235:13 March Minor ESQUIRE 800.211.DEP0 (3376) EsquireSolutions. com WILLIAM H. THRASHER, CGFO Vol. III O'BOYLE vs. TOWN OF GULF STREAM 215:20 229:8 230:15 231:14 236 : 17, 22 minute 228:6 237:4 minutes 203:12 20'7:11,25 208:18,25 209:13,16 247:6 moment 24 0: 19 months 226:4 morning 244:5 moving 218:9 multiple 225:8 news 229:3 ninety 208:24 209:21 210:7 ninth 240:8 nod 223:19 nonetheless 224:21 nonsense 232:6 north 218:10, 15,17,21, 22 230:18 236:25 Notary 203:3 Note 224:8 notice 22'7:25 number 215:5 222:13 225:1'7 226:7 230:16 232:20,21 245:8 0 O'boyle 203:8 204:24 205:1,14 208:6,16 209:3 210:2,6 211:14, 19,22,24 212:5,6, 24 213:8, 24 214:2 215:24 216:9,20 217:9 219:7 220:21 221:23 222:18,21 224:2,18 225:16,22 226:1,21 227:4 228:7.13 229:3,4 231:9,18 232:5,15, 25 233:3, 8 234:3, 13,16 236:1,11, 15 237:6, 9 238:4, 13,24 239:12 240:1,11, 17 241:3, 6,10 242:6,16, 19,22 243:5,9, 12,19 244:12, 17,18 245:19,21 246:4,25 24'7:3,5, 9,11,14, 17,22 248:3,5 249:10, 16,21 250:1,7 object 205:10 208:2 213:6 217:5 219:4 221:21 224:17 225:11, 232:19 233:6,7 234:2 235:24 236:5,13, 19 238:21 249:4 July 09, 2013 Index: minute -playing objection 208:2 211:10 241:23 obligation 242:21,25 obligations 212:1 observed 226:25 228:9 Ocean 230:18 236:25 office 217:3 218:9 219:22 opinion 203:25 206:17 244:3,5 opportunity 203:24 204:2 order 250:9 ordered 250:6 outloud 230:11,13 outset 203:9,21 P p.m. 250:15 paper 224:7 paragraph 223:17 Pardon 205:24 208:9 214:14 215:2 218:5 226:18 227:24 233:13 234:23 parties 22'7:1 228:10 passed 244:4,12 passes 233:23 pending 216:15, 18,19 period 206:17 210:19 211:2,12, 18 person 219:22 personal 236:3 personnel 220:10,16 Plaintiff's 216:9,13 229:7,8, 10,25 230:20 231:13 236:16 playing 215:8 ESQUIRE 800.211.DEPO (3376) q19V I'll, EsquireSolutions. com WILLIAM H. THRASHER, CGFO Vol. III July 09, 2013 O'BOYLE vs. TOWN OF GULF STREAM Index: point -records 233:4 219:15,17 208:3 209:24 241:6 point 222:5,6 212:4 211:9,16, 242:22 211:14 230:14 213:7 20 212:4 245:21 Provided 216:15,18 213:6,22 reading points P 217:6 215:13, 211:10 203:18 219:5,10 16,22 235:3 policy 225:20,24 220:5 216:4,11, real 214:3,6,9 province 221:22 12,15 206:20 219:8,12, 232:22 225:12 217:5 rear 20 233:3 230:6 219:4 218:14,15 public 231:20 221:21 portion 203:3,14 232:14,16 222:17, reasonable 238:7 220:2 233:7,14 223:19,24 208:19, possibly 229:17 234:12 224:17,20 21,25 247:24 230:4 235:8,25 225:11, 209:2,5, 231:17 236:6,7, 19,25 12,18 P remises 14,20 228:23 210:10, 230:18 232:3 237:15, 231:7,16, 14,18 234:19 present 235:21 21,22,24, 23 232:6, 211:2,12, 227:1245:7 25 236:22 19 233:2, 18 228:10 246:12 239:11, 6 234:2, recall presenting 248:20, 13,14 11 235:24 215:16 244:25 23,25 240:21 236:5,13, 225:9 241:4,5 19 237:4, 228:14 prevent puppetting 244:21 7 238:21 227:10 247:7,9 245:4,6, 239:12,19 receive previously purposes 14,21 240:24 203:15 204:2 216:6 248:4 241:7,23 received 249:9 249:5 242:7,14, 224:13 Print questioning 18,20,24 222:7 pursuant 243:7,11 recess 227:20 241:24 244:10,14 226:25 printer 229:6,14 242:5 228:9 206:8 245:16 pushing questions 246:23 record process 247:25 203:20,22 247:8,10, 216:6 219:8,20 204:3 13,17,24 220:9 239:24 put 221:8 227:11,12 249:4,11, 223:17 produced 232:13 231:24 20,24 233:2 206:7 --------- 233:25 250:3,11 238:8 211:12,18 4 read 243:14,16 227:19 R 222:22 245:24 229:6 question 223:17 records Professiona 205:11, Randolph 230:9,11, 203:14 1 203:3 19,22 203:8 13 232:7 207:15, 206:2 205:10 237:5 19,21 provide 207:7 238:4,8 210:1,4, zlz:e zoe:z,lz ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com WILLIAM H. THRASHER, CGFO Vol. III O'BOYLE vs. TOWN OF GULF STREAM Index: July 09, 2013 records'..Schreler 13,16,17, 208:23 218:7 requests 233:11, 25 211:4, 209:25 219:1 219:9,13 17,20 11,17 210:4,12, 222:25 220:2 238:11 212:8,13 15 211:3 226:21 224:22 239:1,23 214:23 212:13 remembering 234:10 244:5 217:2 214:22 227:11 required 246:15,20 219:9,11, 216:3 247:15 13 220:2, 219:10 replacement 229:14 248:6,13, 3,7,9 233:14,18 246:1,5 requirement 14,19,23, 221:2,3, 235:8, reporter 212:17 24 14,16 237:12, 203:3 requires restroom 222:2 15,19 223:23 211:25 226:17,19 223:6 239:3,6,9 250:5,9 224:4,6 244:7,21 reserve resumed 225:20 245:6 Reporter/ 249:13 227:2 228:15,18 246:16 registered respect 228:11 229:14, referencing 203:2 232:5 236:9 15,18 239:25P re orte 243:17 230:2,4 230:14 respond 245:25 231:17,25 refused 211:2 232:3,10, 204:5 request 235:12 Rita 11 210:11,25 248:11 207:4,8 regard 212'2 208:23 233:15, 213:22 rea responding ondin 219:2,11, 19,22 230:16 215:5,14 226:5 15 222:24 234:9,19 243:2222:2,8,response223:2,4 220:9 235:9,13, 21,22 249:14 10,11 222:3 roof 237:13, relates 224:4,7, 225:8,14, 236:25 16,20 245:7 12 225:4, 16 226:13 238:2,12 246:12 5,9,14,17 230:1,8 room 239:4,7, 226:3,7 235:7,11, 217:18,20 relative 10,21,23 214:4 228:15, 15,16 rooms 244:4,8, 16,18,20 239:1 221:5 22 245:7 relied 229:10,15 241:21 246:2,8, 231:25 230:2,10 245:4,10 12,17 232:3 231:1 249:3 S 248:20, iely 232'17 responsibil 24,25 231:17, 234:19, ity 229:20 S's 231:10 records 19,20 21'24 246:3,17 sand 241:21 232:14 235:15 relying 246:12 responsible redaction 239:21 245:12, 235:23 243:1 requested 17,20 schlep 203:16 203:16,19 refer remember 223:17 responsive 240:12 205:23,25 207:2 224:4,6, 226:7 Schreier 207:4,7 216:5,25 11 238:7 232:3,9, 235:4 217:16 17,24 237:3 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com WILLIAM H. THRASHER, CGFO Vol. III O'BOYLE vs. TOWN OF GULF STREAM July 09, 2013 Index: Section -time Section 232:13 statute Taylor testimony 224:10 situation 206:20 207:8,9 226:8,10 send 214:22 215:4 218:1 thin 213:4 224:20 244:24 Statutes 219:11,15 thinks service somebody's 205:4 Taylor's 232:2 214:4 242:25 stray 249:18 246:21 session spatially 204:8 tecum thirteen 204:11 206:7 Stream 225:15, 206:4 17,21 seventy speak 214:4 226;5,7, thought 219:9,14 239:17 226;22 13 204:6, sharing 238:1,12 230:19 227:20,23 209:13 243:5,9 special submitted 228:15, 214:19 206:23,25 225:7 17,19 Thrasher she'd 212:21 subpoena 229:2,11, 203:1,12, 244:23 13 214:4 225:15,16 24 sheet speci£icall 227:20,25 telling 204:20,25 210:22 y 217:7 229:2 237:18, 205:3 211:1 242:23 215:6,21 speech p summary 225:9 show 228:1 240:1 222:9 ten 203:12 236:16 249.22 207:25 227:5,16 243:1 sport 208:18,24 228.2 support 229:25 showed 214:24 209:13,15 230:15,21 228:17 staff 240:3 231:12 206:12,24 sworn 247:19 232:16,17 shown 204:21 211:15 stake tendered 233:9 237:3 242:10 227:17 235:3,4 sic 211:25 staple Ttenth ----- -- 236:23 212:16 219:23,25 249:12 240:18 table 241:19 Side start 210:22 term 243:20 218:12 214:7 212:20 249:13,23 tailor 213:4 sign -in starting 203:20 Thrasher's 210:22 218:8 terminate 220:10,21 211:1 taking 204:10 223:3 starts 249:18 249:8 signature 223:16 Thursday 250:13 talk terracotta 249:19 State 221:14 236:25 simple 203:4 till 203:14 talking testified 247:19,23 statement 222:17 204:22 sink 203:9 241:2 time 217:18 217:4 testify 206:12,18 233:7 talks 247:6 210:11, sit 218:1 247:11 206:20 14,19 ESQUIRE. 800.211.DEPO (3376) EsquireSolutions.com WILLIAM H. THRASHER, CGFO Vol. III O'BOYLE vs. TOWN OF GULF STREAM July 09, 2013 Index: titled -wrong 211:2,12, Tuesday urge 240:4 242:15 18 225:23 235:5 west 247:21 turned V 218:17 249:8 203:25 William titled twenty vacation 203:1 229:24 206:5 245:10 215:20 today two-sided VALERIE 223:3 204:14 224.9 203.2 230:15 240:7 249:24 type 206:8 variance window 227:9 237:3 218:15,17 told 227:19 --- -- verbal word 231:2 232:8 tomorrow II 214:9,16 248:6 249:17 verbally words touch 223.20 207`2 upecificall 221:1 versed y 217:10 work 205:9 Town uncle 207:25 206:12 Veteran's 206:18 231:21 207:8 247:25 210:12 underlined working violation 221:6 214:3 223:15 220:11 219:9,13, understand world 16 220:3 209:9 voucher 226:4 221:4 219:23 210:2 worth 230:17 230:5 - 207:25 234:8,9 231:18 W 208:18 235:21 245:13 writing Town's 248:25 wait 237:4 230:21 206:10 249:10 247:22 231:2 transcript understandi waived 232:8 242:19,23 ng 205:12, 250:14 writings 250:5 15 214:25 215:3 walks 230:15 true 219:12 221:15 231:7 242:7,13, 225:5,6 wall written 16 247:13 214:6,13, understood 218:14, trust 209:10 15,16,17, 15 214:25 232:25 18 wrong 215:3 229:1 unlawful wanted 236:12 220:23 228:14 truthful 240:6 240:18,22 unusual 241:7,14 206:20 wasting ESQUIRE 800.211.DEP0 (3376) EsquireSolutions.com