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HomeMy Public PortalAboutScott Morgan Transcript 5/28/15Florida Court Reporting (561)689-0999 1 2 3 4 5 6 7 8 9 10 13 14 15 16 17 18 19 20 21 22 23 24 25 APPEARANCES: ON BEHALF OF THE PLAINTIFF: O'BOYLE LAW FIRM 1001 Broad Street Johnstown, Pennsylvania 15906 814/535-5175 BY: JONATHAN O'BOYLE, ESQ. jonathanroboyle@gmail.com GMMIMADISON P.A. 401 South County Road, #3272 Palm)Beach, Florida 33460-9991 561/223-9990 BY: MARK J. HANNA, ESQ. mhanna@g3mlaw.com ON BEHALF OF THE DEFENDANTS: JOHNSON, ANSELMO, MURDOCH, BURKE PIPER & HOCHMAN, P.A. Suite 1000 2455 East Sunrise Boulevard Fort Lauderdale, Florida 33304 954/463-0100 BY: CHRISTOPHER J. STEARNS, JR., ESQ. stearns@jambg.com ALSO PRESENT Louis L. Roeder, III, Esq. Christopher O'Hare William H. Thrasher Bo Cooper, Legal Graphicworks Florida Court Reporting (561)689-0999 e: Page: 3 Florida Court Reporting (561)689-0999 Page 3 Page 4 1 INDEX 1 The videotape deposition of SCOTT MORGAN was 2 WITNESS PAGE 2 taken before me, Susan S. Kruger, Notary Public, State 3 SCOTTMORGAN 3 of Florida at Large, at 100 Sea Road, Gulf Stream, 4 Direct Examination by Mr. O'Boyle ............. 8 4 Florida, on Thursday, May 28, 2015, beginning at 1:44 5 Cross -Examination by Mr. Steams .............. -- 5 p.m., pursuant to the notice in said cause for the 6 6 taking of said deposition, which is attached to the 7 7 court file herein, at the instance of the plaintiff in e s the above -entitled cause, pending in the above-named 9 EXHIBITS REFERENCED IDENTIFIED 9 court. to 11 �a ��� },' PCiuif.S[rel�iDeiti nultlbe9r�a,Z.47, line 21 .... -- gou +o 11 --- VIDEOGRAPHER: We're on the video record. 12 ecnons Z6 3 12 This is the 28th day of May 2015. The time 13 P ["�fe E�hibit umber 5 ...„ .... 66 31�-2Us151et[er, Morgan to Readents 13 is 1:44 p.m. This is the videotape deposition of Scott 14 14 Morgan in the matter of O'Hare versus Town of Gulf 15 Number ..................... 80 Plai4(�fft F4� 15 Stream, et al. This deposition is being held at 100 16 ,bit _ ommission inutes 16 Sea Road, Gulf Stream, Florida, 33483. My name is Bo 17 P� ' �""11''fs ExI�jbit.Nu ber 7 .................... 84 17 Copper. I'm the videographer representing Legal le Sectjiionse��26ttftioi y��269 is Graphicworks. 19 19 At this time would the attorneys please 20 aintiffs P {{}� ed ..........92, line 21 .... -- Composite X I it A 20 announce their appearances for the record. 21 21 MR. O'BOYLE; Jonathan O'Boyle, pro hoc vice, 22 22 for the plaintiff. 23 23 MR. HANNA: Mark Hanna for the plaintiff, 24 24 Christopher O'Hare. 25 25 MR. STEARNS: Christopher Steams on behalf Page 5 Page 6 1 of the defendants. 1 today as possible. 2 THEREUPON, 2 MR. O'BOYLE: All right. And if we proffer a 3 SCOTT MORGAN, 3 question, I think we've already covered that on the 4 being by me first duly swom to tell the whole truth, 4 record on how we want to deal with that later -- 5 as hereinafter certified, testified as follows. 5 MR. STEARNS: Yes. 6 MR. STEARNS: Jonathan, before we get going, 6 MR. O'BOYLE: -- in terms of how we see 7 we had a brief discussion, all of us, about this case 7 things as being relevant. 6 and this deposition, and we have all agreed that the a MR. STEARNS: And truthfully, I'll leave it 9 deposition will be limited to the facts relevant to 9 to you, Scott, for saying if it's relevant to that 10 this matter, which is Christopher O'Hare versus the '-0 case. You let us know, and we'll move on. And I will 11 Town of Gulf Stream, case number 9:13 -CV -81053. 11 also watch -- 12 Specifically, there will be no questioning t2 THE WITNESS: Well, we'll see how that works 33 that would be relevant to the RICO case that has been 13 out, because I've already been advised by counsel in 24 filed. And if there is questions that come up that 14 our earlier colloquy that a number of the questions are is Mr. Morgan believes are relevant, he's just not going 15 going to relate to public records lawsuits and public 16 to answer them, and we will take this before the 16 records requests which form a significant basis of the 17 magistrate at a later date to figure out what he has to 17 RICO action against these defendants, including counsel 18 answer and what he doesn't. Is who will be doing the questioning. 19 MR. HANNA: That's correct. We're going to 19 So I'm somewhat uncomfortable in myself being 20 reserve any issues and take it in front of the judge. 20 the one to make a decision on what questions would be 21 Again, if Mr. Morgan feels that it infringes on the 21 appropriate and what would be inappropriate without 22 area of the RICO, he'll bring it up, or counsel will 22 counsel familiar with that case to represent me and to 23 bring it up, and well move to another subject matter 23 represent the Town's interests. 24 pending ruling from the court, and we'll continue the 24 MR. STEARNS: I did not understand his 25 deposition. But we're going to try to get as much done 251 questioning to be that it's going to be a lot about the Florida Court Reporting (561)689-0999 I public records issues, and I do not believe that to be 2 case. 3 THE WITNESS: I believe that's what Mr. Hanna 4 said. 5 MR. HANNA: Yes, I said there's going to be 6 an issue. Mr. O'Hare's case with the federal civil 7 rights case involves aspects of his public records e request, but it does not only involve that. It a involves Officer Ginsberg coming into his house, lots 10 of things that happened before you were even a 11 Commissioner. So I think we can make a lot of headway 12 by going forward with this deposition. 13 MR. STEARNS: But heres what I'll say. I'm 14 not allowing any questions about public records issues. 15 If you want to talk about David Ginsberg and 16 Mr. O'Hare's roof permit, we can talk about those 17 issues. Anything related to public records questions, Is off the record — off the table. If you're going to 19 ask that, we're out the door right now. 20 MR. O'BOYLE: Right, okay, but we do have to 21 get into customs, policies, usages, power structures. 22 MR. STEARNS: I understand what the law is, 23 but the law -- it doesn't have to do with public 24 records issues. It's about other people who have been 25 retaliated aeainst for First Amendment speech and 1 A Yes. 2 Q And you are an elected official in this town? 3 A Yes. 4 Q And may I ask what position you hold? 5 A I'm a Town Commissioner, and I was elected 6 Mayor by the Commissioners. 7 Q Right, okay. How long have you held office? a A In - 9 Q Any office. 10 A As a Commissioner, about a year. 11 Q And before that, did you have any other 12 official roles in the Town? 13 A I had been appointed to the Architectural 14 Review and Planning Board, the ARPB. I served as 15 Chairman of the ARPB for several years and was on that 16 Board for, I can't recall, six, seven years. 17 Q Prior to becoming a Commissioner? 1s A Yes, 19 Q And immediately prior? 20 A Yes. 21 Q No gaps in public service? 22 A No. 23 Q A little bit about your background. You are 24 a lawyer? By the way, I think I can get through this 25 pretty quickly. So you're a lawyer, as I understand? 1 things like that. If you have other -- if you believe 2 there are other people in the town who were denied a 3 permit for some speech, ask your questions. That's 4 different than public records issues. 5 MR. HANNA: In order to at least get some 6 ground covered, we don't agree with your position, but 7 well let the higher power decide whether you're a correct or not. We would like to get some of this s covered today. 10 MR. STEARNS: I think you know my position. 11 MR.O'BOYLE: Sure. 12 MR. HANNA: And we will proceed. 13 MR. O'BOYLE: Just don't want any yelling, 14 screaming or hooting and hollering. 15 MR. STEARNS: That's goes both ways. 16 MR. HANNA: Yes. 17 MR. O'BOYLE: Fair. 1s DIRECTEXAMINATION 19 BY MR. O'BOYLE: 20 Q Good afternoon, Mr. Morgan. Did we already 21 state names for the record? Will you please state your 22 name. 23 A Scott Morgan. 24 Q Of Gulf Stream, Florida? That's where you 25 reside? 1 A Yes, I have a law license. 2 Q An active law license? 3 A It is active. 4 Q And for which state? 5 A Pennsylvania. 6 Q Was it at any time inactive? 7 A No. B Q It has been active since you were admitted to a practice? 10 A Yes. 11 Q Did you have any other special legal training 12 beyond Juris Doctor? 13 A No. 14 Q You do follow and you keep up with CLE 15 classes? 16 A No. 17 Q No. Is there a reason why? 18 A I'm an out-of-state lawyer. is Q Okay. 20 A Out-of-state active lawyer, not practicing in 21 the state of Pennsylvania is exempted from CLE 22 requirements. 23 Q Talking more broadly, the Town Commission is 24 what form of government for the state of Florida, the 25 Gulf Stream Town Commission? Florida Court Reporting (561)689-0999 Page: 5 Florida Court Reporting (561)689-0999 Page I I Page 12 1 A Municipal. 1 Q And as Mayor, is there any — well, let me 2 Q Right. Is it a Commissioner weak or a 2 ask you about what is your role as Mayor? 3 Commissioner strong? Have you heard these terms 3 A Mayor oversees the conduct of the meetings. 4 before? 4 The Mayor interacts directly with the Town Manager. 5 A No. 5 The Mayor represents the Town. The Mayor communicates 6 Q The Commission, they are a legislative body? 6 with town residents and anyone having business or 7 A I don't know what you mean by that. 7 interest with the Town which would require a point a Q What are your duties as a Commissioner? Or a person other than the Town Manager. Does a number of 9 I'm sorry. Are you a Commissioner? 9 things like that. I can't give you an exhaustive list. 10 A I am a Commissioner. I serve as Mayor. 10 Q Is there any exhaustive list? '-1 Q And also Mayor? '-1 A I don't think there is. I think there's 12 A Correct. 12 probably a generic description of a Mayor in this type 13 Q Of the Commission? 13 community and what their role is and historically what 14 A You're elected as a Commissioner. The 14 the Mayor's role has been here. 15 Commission then elects a Mayor and Vice Mayor. 15 Q And is that determined, historically, of 16 Q And what are the either official or 16 course, by the Commission, by the Commission and the 17 unofficial — and you can comment on either/or -- 17 Town Manager, by sort of everybody, top to bottom? 18 duties of the Commissioners? is A Well, I think the Town Manager has direct 19 A I'm sure I cannot give you all of them. But 19 executive responsibilities for the Town. He does any 20 my understanding of it would be that the Commissioners 20 number of things. I couldn't possibly give you an 21 hold hearings once a month to make decisions on things 21 exhaustive list of what he does. The Commission rules 22 like ordinances, applications for building. We approve 22 on a number of those actions, proposed actions and 23 or disapprove those. Budget needs to be discussed and 23 decisions. Others they do not. The Town Manager has 24 passed, resolutions, any number of things that would 24 responsibility in and of himself. I don't know that I 25 occur under a home rule municipality. 25 can describe it much better than that. Page 13 Page 14 1 Q Let me try to be then a little bit more 1 seek advice and counsel? 2 specific. What types of things -- or if there are 2 A All the above. 3 types or categories of actions -- would the Town 3 Q With each individual Commissioner? 4 Manager bring to the Commission? 4 A A Commissioner can go speak with the Town s A The one we see most is applications for 5 Manager, ask questions, make suggestions. The Town development or redevelopment of properties. That takes r Manager presents matters to the Commission at the 7 up a good bit of our time at meetings. 7 formal Commission meetings. So yes, all the above. s The budget is one that comes up and is 6 Q But not every matter? ^ probably the most important item for us to discuss. 9 A I don't know what you mean by every matter. 10 Not only the budget, but budget planning, where 10 Probably not. If they decide to order a different type 11 expenditures should be. I would say those are the two 11 of ink for the copier, I suppose that's something that 12 main issues that we see come up to the Commission on a 12 we don't know about and we don't talk about. I don't 13 regular basis. 13 mean to be flippant, but -- 14 Ordinances, resolutions, other matters also 14 Q Right. 15 come up, and those could be a myriad, a number of 15 A -- it's such a broad question that I cite 16 categories for that. 16 that as an example of something we would not 17 Q And what is the -- or please let me ask this 17 communicate on. 18 a different way. What do you see as the relationship is Q Well, while we're on it, maybe can you give 19 between the Commissioners and the Town Manager? 19 me a couple more examples of things that you do 20 A I don't know what you mean by that. 20 communicate about or do communicate on. And rut sort 21 Q What, historically or presently, and you can 21 of picking up the flavor of the pettier things, or I 22 tell me which one fits the answer, what is the either 22 will call them petty things you don't really 23 informal or customary relationship between the 23 communicate about, such as -- 24 Commissioners and the Town Manager? Do they 24 A I think I described what Commissioners will 25 communicate? What do they communicate about? Do they 125 communicate with, to use your word, with the Town Florida Court Reporting (561)689-0999 I Manager, either individually or at the Commission 2 meetings. 3 Q And has this been the custom so long as 4 you've been involved with the Town? 5 A I've only been on the Commission a year, but s that's what I've seen in the year or so that I've been 7 on the Commission, yes. e Q Did you know the Commissioners while you were 9 on the Architectural Review Board, the current 10 Commissioners when you were on the Architectural Review 11 Board? 12 A Did I ]mow who they were? 13 Q Yes. 14 A Yes. 15 Q Because they appointed you? 16 A Well, no. Because we live in a small town. 17 Q So you didn't know them because they 1a appointed you? 19 A That's not the reason I knew them. I knew 21) them -- 21 Q Prior to that? 22 A -- prior to. 23 Q So you knew them even better than if you were 24 justappointed7 25 A What do you mean by better? 1 Commissioner's interaction with Mr. Thrasher when I was 2 on the ARPB outside of perhaps the Mayor, where I think 3 it would be reasonable to conclude that the Mayor is 4 talking with the Town Manager on a number of matters. 5 But as far as their other interactions, no, I would not 6 have had knowledge of that. 7 Q As Mayor in this Town of Gulf Stream, through 8 custom, policy or whatever — law -- the Mayor is the 9 point man to communicate with the Town Manager, or 10 point woman? 11 A I wouldn't use the word point person. But 12 generally, because the Mayor runs the Town meetings, it 13 would be reasonable for him to speak with the Town 14 Manager, the clerks to know what's on agenda items, 15 what issues might be coming up so that he or she could is better plan for the conduct of the meeting. I think 17 that's a reasonable statement. is Q And does the Mayor call meetings or set the 19 agenda for meetings? 20 A A mayor can call meetings. As far as the 21 annual -- or excuse me -- the monthly meeting, that's 22 set, second Friday of each month. But special meetings 23 can be called by the Mayor, yes. 24 Q And these, could you describe the process if 25 you wanted to maybe call a special meeting or an 1 Q Better, as in more intimately. 2 A I don't know if I would use that word, but I 3 think what you're getting at is would I know of -- 4 Q You know their proclivities. 5 A — Mr. Devitt, for example, or Ms. Orthwein, 6 Mr. Koch. Yes, I would know of them. I may have met 7 them. I may know them well as friends. a Q So you would understand their personalities. 9 A I wouldn't say that. I don't understand that 10 question. 11 Q What do you understand from that question? 12 A I dont understand your question. 13 Q Whether you knew of their personalities or 14 could speak to their personalities? 15 A I don't know that I could speak to a 16 personality. 17 Q Let me back up. I'm asking you: How well 1e did you know the Commissioners individually? And then 19 the — 20 A Which Commissioners and when? 21 Q The Commissioners while you were on the 22 Architectural Review Board, and specifically, if you 23 want to get very specific, how they interacted or how 24 they might have interacted with Mr. Thrasher. 25 A I would probably have no knowledge of a 1 unordinary monthly Commission meeting? 2 A I think my basic understanding of it is that 3 the clerks contact the other Commissioners and indicate 4 the special meeting is requested and tries to make sure 5 everybody is available, and they call a meeting. 6 Now, there's a couple of different types of 7 meetings, and I don't know all the details, but there's 6 closed door meetings. I've not been part of one of 9 those, but I've heard about it. We've had special 10 meetings to advance things on the agendas or to 13 consider something with the budget that wasn't fully 12 explored at a prior meeting. So I think it's something 13 like that. 14 Q And for, I guess, some of the more exotic 1s meetings, some of the ones you're not as familiar with, 16 would you consult, or the Mayor, with the Town Manager 17 as to what the proper procedure was or how to get the 1s ball rolling? 19 A Yes, I would ask the Town Manager or the Town 20 Clerk or counsel, Town Counsel, what the procedure is, 21 and generally they employ that procedure. If there is 22 some procedure different for a different type of 23 meeting, yes -- 24 Q Right, okay. 25 A — I would defer to them on that. Florida Court Reporting (561)689-0999 Page: 7 Florida Court Reporting (561)689-0999 Page 19 Page 20 1Q And does the Town Manager, is it the Town 1 family moved down here and spent the bulk of the year 2 Manager's role to, either by custom or informal policy 1 2 here. I would commute back and forth to Pennsylvania. 3 or by any ordinance or Charter provision that you know 3 At some point I declared Florida residency. 4 of, is it their role to run to the Mayor and say, hey, 4 Q Right. 5 we have an emergency and we need to have a meeting? 5 A That's the date I cannot recall. 6 A I don't know if that's the procedure, but 6 Q But that's around the 2000 -- 7 1 -- 7 A I'm thinking. a Q Customary -- a Q And it would be fair to say that you've, I 9 A -- could see if an issue, if it's something, 9 guess, you've lived here, you know a good amount about 30 some emergency came up, yes, I could see that happen. 10 the town in general? 11 Q Now, how long have you lived in Gulf Stream? 11 A I don't know what you mean by that, but I 12 A I've been in Gulf Stream since, I believe, 12 think I have an understanding of the -- :3 '95 or'96. 13 Q Superior knowledge — :4 Q And you have resided full time? 14 A -- town. is A No. I can't recall when I resided full time. i5 Q -- to the average person about the Town of 26 It was not that long. It was --maybe it was '99 or 16 Gulf Stream. 77 2000 perhaps. 17 A Someone who's never driven through? Yes. is Q And so this was more of a summer-- or I'm la Q Even somebody who has driven through? 19 sorry -- a winter vacation? 19 A Is that a question? 20 A No. 20 Q Yes. 21 Q Then what was the, I guess, living 21 A I suppose. Not sure. 22 arrangements at that time, before you became a 22 Q Right. That's fairly obvious, I think, 23 full-time resident? 23 because you have become Mayor of the Town. So I think 24 A Well, we came to Florida. We had a home in 24 you would have a good knowledge of the town, correct? 25 Pennsylvania where I lived and practiced law. My 25 MR. STEARNS: We'll stipulate he has a good Page 21 Page 22 1 knowledge of the town. 1 A No. 2 MR. O'BOYLE: Okay. You know, this is 2 Q Never participated in any defamation lawsuits 3 painful. All right, fair enough, okay. 3 ever? 4 BY MR. O'BOYLE: 4 MR. STEARNS: What does that have to do with 5 Q The reputation of Gulf Stream, what 5 this case? r reputation might that be? 6 MR. O'BOYLE: Trying to get to the definition 7 A I don't know what you mean by reputation. 7 of reputation so we can help -- a Q Do you know what the word reputation means? a THE WITNESS: Well, you -- sorry. 9 A It can have many meanings, so why don't you 9 MR. STEARNS: You're quoting Federal Rules 10 define it for me. 10 about reputation. That deals with people, not I i Q The type of reputation that the Federal Rules 11 entities. So -- 12 of Evidence speaks to. 12 MR. O'BOYLE: Right, and I'm just trying to 13 A I don't know that. You'd have to give me 13 narrow this down. 14 that federal rule of evidence definition of reputation. i4 MR. STEARNS: I mean if you ask him a more 15 Q All right. Reputation is the sort of 15 specific question, is the reputation, I mean, or the 16 objective view of the town, what people objectively 16 character of the town wealthy, something like that, ask 17 would know about the town. 77 him a specific question not a big -- is A What people? le MR. O'BOYLE: Okay. 19 Q The people at large. Let me back up. 19 BY MR. O'BOYLE: 20 Have you ever conducted a trial? 20 Q Have you ever, in any Commission meeting, any 21 A Yes. 21 letter, any correspondence, ever referred to the 22 Q Have you ever conducted a 1983 trial or a 42 22 reputation of the town? 23 U.S.C. 1983 trial? 23 A The character of the town. I think that's 24 A No. 24 what you're getting to, not its reputation. 25 Q Defamation trial? 1251 Q Well -- Florida Court Reporting (561)689-0999 A But its character as a small town, home rule 2 municipality, one of beautiful homes and yards, 3 peaceful, nice, friendly neighbors, that sort of thing, 4 that's the character of Gulf Stream as I would probably 5 describe it. 6 Q Have you ever known Gulf Stream to be a town 7 that retaliates against its residents? e A No, of course not. 9 Q Going back to the character, the character of to the town and the reputation, I see them as a little bit II different. Let me be specific. Crime. Is there high 12 crime in the Town of Gulf Stream? Is this a high crime 13 tea? 14 A There is some crime here. I would not call 15 it high crime. 16 Q Right, it doesn't have the character or the 17 reputation of, say, a Detroit? is A I think that's fair to say. 19 Q Right, okay. This is tough. 20 All right. Place au Soleil, what is the 21 character or reputation of Place an Soleil within the 22 Gulf Stream community? 23 A I don't know. I can't speak to people's 24 perception of that, which I think is what you're 25 eettine at. These are very eeneral questions, so I'm I Q Right. Now, going back, you said there's a 2 civic association in Place au Soleil? 3 A Well, it's a homeowners' association, if you 4 will. 5 Q And since you've been on the Commission, what 6 is the relationship between homeowners' associations 7 and civic associations and the Commission? a A I think very good, amicable, open, helpful. 9 Q In which way helpful? to A The associations see to issues that help to 11 beautify the town or may assist the Commission with 12 either beautification or issues revolving around 13 ordinance change, for example. Place au Soleil is a 14 very good example of one where -- 15 Q Pm sorry, did you say ordinance or 116 coordinance? 17 A Ordinances. is Q Okay. 19 A Place au Soleil is a good example of that, 20 where a committee was set up to look at the Code to see 21 about any changes that might be appropriate. And Place 22 an Soleil was evaluated, their neighbors were 23 consulted, the homeowners' association or civic 24 association, whatever you want to call it, got 25 involved, and they came up with several things that I sorry, I don't mean to be -- 2 Q Right 3 A — to be challenging you on it, but answers 4 need to be specific, and so questions need to be 5 specific. But if I take from what you're saying -- 6 Q Sure. 7 A -- that you want to know what -- how Place an B Soleil as a neighborhood fits in with Gulf Stream as a 9 town, would that be fair to say that's the question 10 you're looking for? II Q Yes, I think well start with that one. -2 A Okay. It is a neighborhood. I don't know 13 when it was built. It's geographically on the other 14 side of the Intracoastal. That's the distinguishing 15 feature between it and the rest of Gulf Stream. 16 It is a wonderful little neighborhood. It 17 has a great civic association, and it -- I believe and is have no reason to doubt that the rest of the residents 19 on either side of the Intracoastal view it the same 20 way. 21 So we have our differing neighborhood 22 characteristics. As you know, there are neighborhood 23 districts within this town. They are defined according 24 to certain physical characteristics. And Place au 25 Soleil has a separate neighborhood designation. I were then brought to the Commission. 2 Q And do, to your knowledge, do these civic 3 associations or homeowners' associations, do they, I 4 guess, communicate more frequently with the Town 5 Manager or with the Commissioners? 6 A I don't know. I would think both. 7 Q Right, in terms of frequency. a A I would think, but Pm not sure. I don't 9 know. to Q But these associations do communicate with I I the Town Manager? 12 A I would assume they do. I dont think these 13 are totally formal structures that have regularly 14 scheduled meetings with the Town Manager. I think it's 15 a representative comes, and you know, says, hey, you 16 know, we think this is an issue over at Place au 17 Soleil, you know, something like that. Is Q So it's more just based on customs? 19 A I don't know that. I don't know the answer 20 to that question. 21 Q Do you know who would? 22 A Probably the Town Managers been here a long 23 time; you could ask him. But that's just been my 24 observation. 25 Q That there is interplay between the Florida Court Reporting (561) 689-0999 Page: 9 Florida Court Reporting (561)689-0999 Page 27 Page 28 1 organizations and the Town Manager? I Q Are you a member of any of these, or is this 2 A No, I wouldn't use that word interplay. I 2 more of a more formal -- 3 think that, and as I said, it is not a formal 3 A I'm not a member of the Gulf Stream Civic 4 structure, so what I could see happening. And again, 4 Association. 5 here you've got me speculating now. I could see the 5 Q And nobody in your family is? 6 President of the Place au Soleil homeowners' 6 A My wife is. 7 association coming into Town and talking to either the 7 Q So when you — 8 Clerk or the Town Manager about something that is of 9 A That's why it's technically. We probably are 9 particular interest to residents in that community. = as a household. 10 Q E-mail even? 10 Q Right. 31 A Could be. I don't know. I have no idea. 11 A I've never been to any meetings. 12 Q Well, then can you tell me about the Town 12 Q But so when you do go though, you have your 13 Commission and how they communicate with the civic 13 Commissioner/Mayor hat on? 14 associations and homeowners' associations as I've asked 14 A Well, I've only been to a couple of these 15 about the Town Manager? 15 meetings since being Mayor, and I go as Mayor. 16 A Well, the Gulf Stream Civic Association 16 Q Right, okay. Do you know who -- I'm sorry, 17 typically has representatives at our meetings, and they 17 let me back up. 18 will speak -- we have a public comment section. You 18 Did you review the Complaint for this matter? 19 know all this, of course. And they will speak and 19 A No. 20 indicate issues or comments that reflect, I assume, the 20 Q You've never see the Complaint for this 21 desires of their association. Typically, we will go 23 matter? 22 to -- as the Mayor, I'll go to their meeting and have 22 A I've been thinking about that, because I have 23 an annual meeting, be there, talk about what's going on 23 a number -- 24 in town, get a feel from them, any questions they might 29 Q About what? 25 have. 25 A About the Complaint. Page 29 Page 30 1 Q Right. I A I don't know if I've spoken to anybody one on 2 A Because obviously, you scheduled my 2 one about it. I believe that I first heard about it 3 deposition. And I don't have the Complaint. I have a 3 from our counsel when I first became Mayor, because 1 4 vague recollection of this case being about a police 4 wanted to get a handle on the number of lawsuits that 5 officer and possible Fourth Amendment violations over 5 had been filed by these individuals. So I won't go any 6 at Chris O'Hare's house, or something about his 6 further, but I believe that was one source of 7 plantings in a right-of-way. Whether that came from 7 information. 8 looking at a Complaint or just talking to people or a MR. STEARNS: I'm just instructing him not to 9 actually hearing Mr. O'Hare talk about it, because he's 9 talk about communications with counsel, whether myself 10 mentioned this case a number of times at various 10 or the — 11 meetings, I cant say. Outside of that, I don't know - I MR. O'BOYLE: Okay. I was going to say if 12 anything else about this case. 12 you wanted to open the door, just let me know. 13 Q And the people that you have talked to about 13 MR. STEARNS: No, we're not opening that 14 this case -- and I'm going to ask because I do know -- 14 door. 15 or I'm sorry. You can add on the record that you've 15 MR. O'BOYLE: All right, fair enough. 16 talked about this as a Commissioner at Commission 16 THE WITNESS: Actually, I need to take a 17 meetings. 17 break. is A When Mr. O'Hare mentioned it? He always 18 MR. O'BOYLE: Okay. 19 speaks at the public comment section of our meetings, 19 VIDEOGRAPHER: Time is to 2:17. Were going 20 and I'm pretty sure that he has talked about it. 1 20 off record. 21 can't swear to it, but I believe he has in one form or 21 (Whereupon, there was a recess in the 22 another. 22 proceedings.) 23 Q Right. And in terms of dialogs though, one 23 VIDEOGRAPHER: The time is 2:26. We're back 24 on one, who have you spoken to about this case one on 24 on record. 25 one? 25 BY MR. O'BOYLE: Florida Court Reporting (561)689-0999 Page: 10 Page 31 1 Q So the extent of your knowledge about this 1 Q Do you know how the code enforcement 2 particular Complaint is limited to plants in the 2 office — well, let me back up. 3 right-of-way and entry into a home? 3 How does code enforcement work in the town 4 A And something about insults to Latin American 4 officially, unofficially, part of the power structure 5 workers, I think. 5 that you've seen? 6 Q What can you tell me about your knowledge 6 A I don't know the details of it, so don't hold 7 about insults to Latin American workers? 7 me to it, but my understanding of it is either the Town a A I just remember, I thought the Complaint said 6 Manager or the police or some other representative here 9 something about Officer Ginsberg insulting workers who 9 in Town Hall will periodically drive around the town. 10 were there, and I thought the Complaint said they were 10 And if they see something that's in violation, they'll 11 either Latino or immigrants of some sort. That was my 11 address it. 12 recollection. I could be wrong on that. 12 Q And that's all police officers? 13 Q Did you know Officer Ginsberg or David 13 A I don't know that. 14 Ginsberg? 14 Q But police officers do report code is A I knew he was a police officer. is enforcement violations? 16 Q And when did, I guess -- or tell me what you 16 A I would assume they do. And I'm not positive 17 know about him. 17 about that, but I believe the police can report Code is A I don't know anything about him. I just knew 19 violations. 19 that he was a police officer, and I would see him 19 Q And why would the police report Code 20 either driving in a car or very often directing traffic 20 violations? 21 at Gulf Stream School when we would take or pick up our 21 A If they happen to see something, or the more 22 kids there. 22 likely scenario is a complaint comes into the Town, the 23 Q Did you know him as a code enforcement 23 Town Manager dispatches the police to look into it, and 24 officer? 24 they report back 25 A No. 25 Q And the -- Page 33 1 A That may be the more likely framework. But 2 again, rm speculating here. 3 Q And so a complaint comes into the Town 4 Manager, and then they send the police out. My 5 question is — 6 A Well, no, that's not necessarily what 7 happens. As I prefaced my answer, I don't know the 9 procedures. rut just assuming that would be a -- one 9 responsible way of doing it. I don't know if it's 10 always done that way, if it's occasionally done that 11 way, if it's ever done that way. I'm just trying to 12 answer your question as best I can, and — 13 Q Do you know if the town has a code 14 enforcement officer? 15 A I believe that's the Town Manager. I think 16 he would be technically the code man, the code manager, 17 code enforcement manager. 1a Q Do you know if the Town Manager can delegate 19 that function? 20 A I dont know about the function, but as far 21 as confirming whether or not some violation has 22 occurred, whether a photograph needs to be taken or a 23 statement or — again, I'm speculating on how this is 24 done. I don't know exactly how it's done. To that 25 extent, I guess it could be delegation. 1 Q Code enforcement, does that ever come to the 2 Commission's attention? 3 A I believe that the Commission can sit on Code 4 violations. Again, I'm not positive on that. 5 Q Well — 6 A Perhaps you can tell me. I mean you probably 7 reviewed this before asking the question. If it is, it s is. 9 Q Sure. No, I'm -- what I don't know is, if 10 you can speak to it as historically, customarily, 11 informally, how or does the Commission get involved 12 with Code violations, or are Code violations — 13 A I don't know historically or by custom. I do 14 not know what that is. 15 Q Because you never were involved? 16 A I've only been on the Commission a year. 17 Q Oh, right. No, but you did have good friends 18 that were on the Commission when you were on the ARPB. 19 A I dont think I said that. You asked if I 20 knew them. 21 Q Right. So they weren't your friends? 22 A Well, what's friend mean? 23 Q Okay. 24 A What's the difference between good friend and 25 friend? You see where you're going with these Florida Court Reporting (561)689-0999 Page: 11 Florida Court Reporting (561)689-0999 Page 35 Page 36 1 questions. 1 A No. 2 Q Right. 2 Q While you've been Mayor, have code 3 A So -- 3 enforcement violations customarily been brought to your 4 Q You tell me. 4 attention? 5 A Well, I did tell you. I dont understand 5 A I don't know about customarily. There may be 6 your question. 6 occasions where there is either a violation of the Code 7 Q Then why don't you explain to me the 7 or a questionable violation of the Code or a question 9 relationship that you had with the old Commissioners 6 of the Code that someone will call me, either as Mayor 9 when you were on the Architectural Review Board? 9 or friend or whatever, and ask me about it. 10 A Which Commissioners, at which time? 10 For example, last week the -- there is a 11 MR. STEARNS: You asked this already for like 11 house being constructed in town where the construction 12 20 minutes. 12 workers are parking their vehicles on the road, making 13 MR. O'BOYLE: I know, but there's a little 13 it very difficult for neighbors to get out and drive 14 bit of evasiveness. 14 around them. In addition, there was a lot of trash 15 MR. STEARNS: There's no evasiveness. And 15 being left on the road after hours. 16 frankly, it's completely irrelevant to this litigation, 16 So that was brought to my attention, 17 so I'd ask that you move on to something else again. 17 informally of course, and so I spoke to the Chief about 1e If you want to ask him about a specific individual, go 1s it, the Chief of Police. I don't know that I spoke to 15 ahead and ask that question. 19 Mr. Thrasher about it. And the police looked into it. 20 MR. O'BOYLE: Okay. 20 Q So did you follow up with part of that 21 BY MR. O'BOYLE: 21 investigation or -- 22 Q Code enforcement violations and Mayor Koch, 22 A No, only to speak to the Chief, and he said 23 do you have any knowledge as to whether those code 23 he would have an officer look into it. And I think he 24 enforcement violations would be brought to his 24 did confirm to me that, indeed, they were parking in 25 attention? 251 the street, and that they were told to move. Page 37 Page 38 1 Q Right. And that was initiated by a resident? 1 was -- there was one at Place au Soleil involving a 2 A Correct. 2 fence, I believe. And I don't recall if that was a 3 Q Have there been any other complaints 3 complaint by a resident or a matter that came up before 4 initiated by residents that you have either personally 4 the Board. I'm sorry, I just can't recall. 5 reviewed or -- 5 Q Sure. Now, while you were on the 6 A There have, and I can't remember --I can't 6 Architectural Review Board, as Chairman, did you have 7 remember them. I can't remember any of them right now. 7 any special knowledge of the Town Code? 8 I'm sure if I thought about it, I could. 6 A None other than the other members of the 9 Q Can you remember the complainer? 9 ARPB. 10 A No. 10 Q Okay. 11 Q So I'm going to assume then you never 11 A We were all given a copy of the Code and read 12 followed up on any investigations, past -- 12 it from time to time and look at it with respect to 13 A No, no, I'm saying I've had other calls to 13 applications being brought to us. 14 me -- 14 Q And you sat, while you were on the 15 Q Right. 15 Architectural Review Board, you sat or presided or - 16 A -- or I've spoken to the Town Manager about 16 yes, I guess presided. You were the Chairman. 17 it, or someone will mention it to me here at Town Hall 17 A For a period of time. 18 in passing. I just can't remember them right now, is Q So you sat or presided over numerous permit 19 sitting here as you question me about it. 19 applications? 20 Q Okay. 20 A Sure. 21 A But there have been others. 21 Q And you've learned the Code; you've been able 22 Q And not just from Place au Soleil? 22 to apply the Code? 23 A No, no, no. 23 A Not in total. The Code is very big and 24 Q Have there been some from Place au Soleil? 24 thick. But I tried to do the best I could with respect 25 A There was one at Place au -- no, no, there 25 to the applications being brought before us. Florida Court Reporting (561)689-0999 1 Q And would that be mostly the -- well, fust 2 off, let me back up. 3 Do you know what the Gulf Stream Design 4 Manual is? 5 A Yes. Generally, it's part of our Code with 6 respect to the architectural design. So it was 7 something that was referred to fairly often on the e ARPB, not as much on the Commission. 9 Q Would you understand it to be Chapter 70? 10 A I believe that's right. 11 Q There was some confusion about that last 12 go -round. U 1 A I believe the Design Manual is primarily the 2 source of issues before it. I am sure that 3 occasionally up would come some other issues that would 4 go outside of that chapter, but that would be unusual. 5 Q So the Design Manual, who is the audience for 6 the Design Manual? 7 A I don't know what you mean by that. a Q You've read or you're familiar with the 9 sections in the Design Manual? 10 A I have read them from time to time. '-1 Q And -- ? 2 A But generally, I know what you're referring J un the Axrrs, wen, wny oon t you ten me wnat to. 24 the primary job was. 14 Q Right. So there's different articles in 15 A The ARPB is an advisory committee. They 15 here. There's different sections. My question is: 16 review applications, generally applications for 16 You have expertise on the Chapter 70, the Design 17 construction or for renovation. There are 17 Manual. Are there portions of that manual that are Is recommendations from Town staff. There is evidence 18 just merely illustrative? 19 presented by the applicant or the applicant's 19 A First of all, I don't claim to have 20 representative, and the ARPB makes a recommendation to 20 expertise. And secondly, I dont know what you mean by 21 the Commission. 21 illustrative. 22 Q And which section of the Code do they work 22 Q Does every single word in the Design Manual 23 with? Is it -- let me back this up. 23 carry the force of law? 24 Do they only work with the Gulf Stream Design 24 A I would have to look at exactly what you're 25 Manual? 25 referring to, and then I could make a comment. Whether 1 that comment is truly a legal finding is one that I 2 would be hesitant to say. If there were an issue, we 3 would rely on Town Counsel to guide us an ARPB member 4 on whether something carries the force of law, as you 5 say. 6 Q Let me just read to you a section heading, 7 Section 70-I, History of Gulf Stream. Carry the force a of law? 9 A I don't know. History of Gulf Stream? 10 Q Sure. Would you like to take a look at 11 Chapter70-1? 12 A Sure. I'd rather do that. 13 (Discussion held off the record.) 14 VIDEOGRAPHER: The time is 2:41. We're going 15 off record. 16 (Whereupon, there was a brief recess in the 17 proceedings.) is VIDEOGRAPHER: The time is 2:43. We're back 19 on record. 20 BY MR. O'BOYLE: 21 Q All right, Mr. Morgan, did you just review 22 Article 1, Section 70-1 of the Gulf Stream Design 23 Manual? 24 A I did. 25 MR. O'BOYLE: And can we please read back the 1 question before we went on break. I want to be 2 precise. 3 MR. STEARNS: I think the question was: Do 4 you believe that carries the force of law. I imagine 5 we can go on with that question. 6 MR. O'BOYLE: That's fair. 7 THE WITNESS: No problem. a MR. O'BOYLE: Fair enough. 9 MR. STEARNS: And I'll object to the form of 10 that question. And you can answer. 11 REPORTER: Would you repeat that. 12 MR. STEARNS: Do you believe that section 13 carries the force of law. 14 I object to the form. 15 THE WITNESS: Yes, I don't really know what 1e you mean by the force of law. But it is a section that 17 was obviously ratified by the Commission as part of our is overall Code. To that extent, I believe it does carry 19 some weight of law, and it certainly gives guidance to 20 the ARPB and Commission relative to the character, 21 characteristics of the town when there may be other 22 sections that ask for more discretionary findings. 23 BY MR. O'BOYLE: 24 Q Right. But this was just with regard to 25 section 70-1, the History of Gulf Stream. Florida Court Reporting (561)689-0999 I A Yes, I just answered that. 2 Q So that does carry the force of law? 3 A My answer speaks for itself. 4 Q So this Design Manual is a strict legal text, 5 every part of which governs conduct? 6 MR. STEARNS: Object to form. 7 THE WITNESS: I'm not sure what you mean by s that. 9 BY MR. O'BOYLE: 10 Q Are there parts of this Design Manual that II really can only be categorized as a history book? 12 A I would take issue with that I don't think 13 it's a history book. 14 Q Are there parts of it though? is A Well, what you just showed me was called the 16 History of Gulf Stream. It's not a section that 17 includes prescriptions and proscriptions. It doesn't 19 have recommended or discouraged attributes. It gives a 19 history of the town, and I think gives excellent 20 guidance to the ARPB and Commission in terns of their 21 understanding of the town and the characteristics of 22 the town that have made this a special place and that I 23 think the Code is trying to preserve. 24 Q Now, you just said prescriptions and 25 Drohibitions. Are there anv Darticular sections of the I Code — or let me read that to you: The design 2 standards in this chapter are, by specific intent, 3 illustrative rather than prescriptive. What does that 4 mean to the Architectural Review Board while you were 5 there? 6 A I think that sentence means what it says. 7 Q But you just told me you didn't know what a I -- a question ago you said: I don't know what that D means, to be illustrative rather than prescriptive, 10 A Yes, because you were being clever and trying 11 to address the entire Code. And as you know, there are 12 sections of the Code where you are prohibited from 13 having certain things, or you are permitted, or certain 14 things are discouraged. And if you have too many 15 discouraged, then it becomes prohibited. And you know Is that. That's what I was referring to. 17 Q How do you know that I know that? is A Because I'm assuming you're a capable lawyer 19 who has read the documents that you're questioning me 20 on. Pm giving you the benefit of the doubt, of 21 course. 22 Q Ouch. 23 MR. STEARNS: Well, you took offense when he 24 said you knew it, so — 25 MR.OBOYLE: Chris. 11 I Design Manual that do not carry prescriptions and 2 prohibitions? 3 A The section that we just read. 4 Q Are there any other sections, to your 5 knowledge? 6 A I assume there are. I think maybe the next 7 section didn't appear to, but I didn't read it. a Q The next section. Are you -- 9 A After History. 30 Q Oh, okay, after History. Not the next -- 21 A But as you know, because you've looked at 12 this and you know there are sections that say the type 13 of windows and paint colors and things like that are 14 set forth as those that are permitted, those that are 15 prohibited, those that are discouraged, that sort of 16 thing. And not all of them, of course, but it's 17 spelled out in the Code. The Code speaks for itself. is Q So if you meet some of the definitions in the 19 Code, they are hard and fast, bright line rules and 20 regulations? 21 A I couldn't answer that. 22 Q Is this Code illustrative rather than 23 prescriptive? 24 A I don't know what you mean by that. 25 Q If I read to you a sentence out of the Page 46 1 MR. STEARNS: You did. 2 MR.O'BOYI.E: Okay. 3 BY MR. O'BOYLE: 4 Q This is — 5 MR. 013OYLE: I'm sorry, where's Exhibit 4? 6 BY MR. OMOYLE: 7 Q This is Article 2 of the Gulf Stream Design a Manual. Can you please tell me who this -- who the 9 audience is for this? 10 A Again, I don't know what you mean by 11 audience. I asked you that before. I don't know what 12 you mean by that term. Well, you've handed me Article 13 2, Single Family Districts. But I don't understand 14 your question. is Q Are there prohibitions or prescriptions 16 contained within that chapter? 17 A We would have to look at every page of it. I 18 don't know off the top of my head, and frankly would 19 have to probably read it to see if there are any 20 prescriptions or proscriptions. Let me just kind of 21 glance through it. 22 I don't see any yet. Well, without reading 23 it, normally we would have in the Code something that 24 says prohibited or discouraged or permitted. So if 25 that's what you're asking, I don't see that in this Florida Court Reporting (561)689-0999 r4 1 A No, I — 2 Q Do they have any unwritten rules or -- 3 A I don't know what you mean by customs, 4 especially in relationship to a Police Department. 5 Q Way of doing things. 6 A I would not be familiar with their way of 7 doing things. a Q No methodology of operations? 9 A Not as general as that, no. 10 Q Do you know if they have any particularized 11 training that's recurrent? 12 A You mean like continuing police education, 13 something to that effect? 14 Q Sure. 15 A I do not know. 16 Q Any sort of racism or sensitivity training? 17 A I don't know. is Q Does the Police Department ask the Town 19 Commission for funds for programs? 20 A I don't know about programs. The police are 21 budgeted, and I believe that additional police numbers 22 go — I believe they go to the Commission. So in terms 23 of hiring and firing, while that may be a Chief of 24 Police determination or in conjunction with the Town 25 Manager, I'm not sure. I think the number of police 1 authorized for funding would come from the Commission. 2 Q Right. Or if the police wanted, let's just 3 say, a grant, would that require Commissioner approval 4 or -- 5 A I don't know. I'm not familiar with that. 6 Q So it's fair to say that nobody has asked for 7 a grant or — a A Not to my knowledge. 9 Q Or for any program or pay raise -- let me 10 back up. 11 When the Police Chief or the Town Manager or 12 that department comes to the Town Commission, do they 13 ask for one lump sum budget, or do they ask for 14 particular programs -- 15 A I don't believe they come to the Commission 16 and request funding. I believe it's an item in the 27 budget that we receive from the Town Manager. Other 18 than that, I don't know how that number is arrived at. 19 Q So it's really either an acceptor reject 20 from the Commission's point of view? 21 A I think it could be the Chief of Police is 22 always present at our meetings, and would there be 23 questions of him, I'm sure he would be there to answer 24 them, as would be the Town Manager. So if funding 25 would change, so much for this area, so much for that Florida Court Reporting (561)689-0999 section. 1 numbering. So if you're going to start with a new 2 Q Now, let me be frank and right to the point. 2 number in this depo, make it 5, and we'll just carry 3 Is that section for realtors and for prospective 3 the same exhibits straight through. It makes 4 buyers? Is that the audience? 4 everything much easier. 5 A I still don't know what you mean by audience. 5 MR. O'BOYLE: Deal. 6 I think the Design Manual and the Code are for anyone, 6 MR. HANNA: I agree with that. 7 whether you live here or whether you build here or 7 MR. O'BOYLE: So well call that 4 then. a design here or serve on a Board here. I think that's a MR. STEARNS: It's still 4. 9 what it's for. That would be the audience. It's for 9 MR. O'BOYLE: Okay. 10 everyone. 10 BY MR. O'BOYLE: 1'- Q And we noted that there's pictures in there 11 Q In the Town, who does the hiring and the 12 as well. 12 firing of personnel? 13 A Um-hmm, yes, looks like. 13 A I believe that would be the Town Manager. 14 Q And those pictures will tell you what the 14 Q And does that change for the police? Is characteristic of the neighborhood is? 15 A I was going to expand on that. I believe the 16 A I think it helps. To use your word, I think 16 Police Department operates independently, if you will, 17 they're illustrative. 17 and that the police would hire or fire, I guess, their is Q Right, okay. Fair, fair enough. 1a own personnel. It's not happened, to my knowledge. If 19 MR. O'BOYLE: We can mark that -- or how do 19 that was your next question, I don't know. 20 we want to mark this, Chris? 2e Q Oh, whether anybody has been hired or fired? 21 MR. STEARNS: Was that marked in the last 21 A Police have been hired or fired. I know that 22 depo? 22 a couple of clerks have been hired. 23 MR. O'BOYLE: Yes, it was Exhibit 4. 23 Q And do you have any, I guess, knowledge, 24 MR. STEARNS: I suggest that we continue to 24 either by being a public official for so long or as 25 use the depositions from one deposition on and continue 25 being Mayor, the customs of the Police Department? 1 A No, I — 2 Q Do they have any unwritten rules or -- 3 A I don't know what you mean by customs, 4 especially in relationship to a Police Department. 5 Q Way of doing things. 6 A I would not be familiar with their way of 7 doing things. a Q No methodology of operations? 9 A Not as general as that, no. 10 Q Do you know if they have any particularized 11 training that's recurrent? 12 A You mean like continuing police education, 13 something to that effect? 14 Q Sure. 15 A I do not know. 16 Q Any sort of racism or sensitivity training? 17 A I don't know. is Q Does the Police Department ask the Town 19 Commission for funds for programs? 20 A I don't know about programs. The police are 21 budgeted, and I believe that additional police numbers 22 go — I believe they go to the Commission. So in terms 23 of hiring and firing, while that may be a Chief of 24 Police determination or in conjunction with the Town 25 Manager, I'm not sure. I think the number of police 1 authorized for funding would come from the Commission. 2 Q Right. Or if the police wanted, let's just 3 say, a grant, would that require Commissioner approval 4 or -- 5 A I don't know. I'm not familiar with that. 6 Q So it's fair to say that nobody has asked for 7 a grant or — a A Not to my knowledge. 9 Q Or for any program or pay raise -- let me 10 back up. 11 When the Police Chief or the Town Manager or 12 that department comes to the Town Commission, do they 13 ask for one lump sum budget, or do they ask for 14 particular programs -- 15 A I don't believe they come to the Commission 16 and request funding. I believe it's an item in the 27 budget that we receive from the Town Manager. Other 18 than that, I don't know how that number is arrived at. 19 Q So it's really either an acceptor reject 20 from the Commission's point of view? 21 A I think it could be the Chief of Police is 22 always present at our meetings, and would there be 23 questions of him, I'm sure he would be there to answer 24 them, as would be the Town Manager. So if funding 25 would change, so much for this area, so much for that Florida Court Reporting (561)689-0999 Page: 15 Florida Court Reporting (561) 689-0999 Page 51 Page 52 1 area, that would allow us to get the information to 1 anyone bring a video camera into a meeting before, 2 make that decision. 2 which he did. I think that was the fust time I met 3 Q Do you know Adam Gorel? 3 him. 4 A The police officer? 4 Q Was that inappropriate? 5 Q Yes. 5 A What do you mean inappropriate? 6 A Yes. 6 Q You said nobody has ever done that before. 7 Q What do you know about him? 7 A It was unusual. 8 A I don't believe he's with the Police a Q Unusual. 9 Department anymore. He was one of the police officers 9 A But I don't think it's -- it's not 10 who worked for Gulf Stream. 10 necessarily inappropriate. 11 Q Was he subject in this Complaint? ii Q As you were running -- I'm sorry. No, we 12 A Now that you mention it, I think he was. 12 went over this. So that was the Architectural Review 13 Q So you did read that part of the Complaint? 13 Board. 14 A I imagine that was on the front caption of 14 Now, moving ahead, what did you start to 15 the Complaint or someone mentioned it to me. But I 15 understand about Chris O'Hare, about his reputation at 16 believe I saw the original Complaint; not that I read 16 large in the community, or what did you start to learn 17 the whole thing, but I think I saw the document. 17 about him? is Q Chris O'Hare. What was his, if you can 18 MR. STEARNS: Object to form. 19 remember -- or I'm song. When was the first time you 19 Go ahead. 20 heard about Chris O'Hare? 20 THE WITNESS: I don't know what you mean by 21 A First time I heard about Chris O'Hare was 21 that. 22 when he came into an ARPB meeting and set up a video 22 BY MR. O'BOYLE: 23 camera. I didn't know who he was, and I asked him to 23 Q Did you start to develop an opinion about 24 identify himself for the purpose of reasonable conduct 24 Mr. O'Hare after he set up his video camera and 25 of our meeting. It was very unusual. I had never seen 25 attended several meetings? Page 53 Page 54 1 A Form an opinion of him? About what? 1 MR. STEARNS: Was that a question? 2 Q About his reputation. 2 MR. O'BOYLE: I don't know. Was that a 3 A I didn't know his reputation. I didn't know 3 question? 4 who he was. 4 THE WITNESS: You posited. I'm asking you -- 5 Q Right. Let me ask: What is Chris O'Hare s 5 BY MR. O'BOYLE: r reputation in the Town of Gulf Stream today? 7 Q Right. 7 A That would depend on a consensus of opinion, 7 A -- is he saying that his reputation has been 8 and I don't know what that would be. How could I know 8 harmed, and then you're asking me to comment on that? 9 what the reputation is in the community? 9 Q Yes, I'm asking you what is his reputation 10 Q By hearing what people say. 10 today as we sit in this room? 11 A Well, that would presuppose that I'd spoken 11 A I don't know. I've explained to you. I 12 to a significant number, over a majority of the town, I 12 could have my own personal opinions. That I could 13 would think, to make such an opinion. So I think 13 speak to. But as far as a reputation, I really cannot 14 that's an unfair question. 14 say. I don't know enough people who have talked to me is Q So when Mr. O'Hare says that you've hammed 15 about Chris O'Hare. 16 my -- or my reputation has been harmed by virtue of 16 Q Well, about how many people have talked to 17 retaliation, the Town really shouldn't take the 17 you about Chris O'Hare? 18 position that -- they should be agnostic to his 18 A I don't know, maybe half a dozen. 19 reputation, should they not? i9 Q The same people? 20 MR. STEARNS: Object to form. 20 A I don't know about the -- what do you mean 21 THE WITNESS: Did he say that? 21 same people? 22 BY MR. O'BOYLE: 22 Q Well — 23 Q That his reputation has been harmed? 23 A I'm just guessing half a dozen people have 24 MR. STEARNS: Is that a question, Jon? 24 mentioned the name O'Hare to me. And would that be a 25 MR. O'BOYLE: I'm sorry, I -- 125 criticism, a compliment? I cant tell you. It could Florida Court Reporting (561) 689-0999 1 have been just something about, oh, I understand there 2 are lawsuits filed by Mr. O'Hare. 3 Q So what is -- 4 A That's why I can't form an opinion on his 5 reputation. 6 Q What is your lay opinion then of Mr. O'Hare? 7 A My personal opinion of him? a Q Yes. 9 A I think Mr. O'Hare is a very bright man. He 30 has a lot of business experience. I think he is 11 misguided in his view of things, both in this town, and 12 from what I understand, he lived in Ocean Ridge and had 13 issues there as well. 14 I would have to think about it in more 15 detail, but when you ask me immediately what's my 16 thought about Mr. O'Hare, that's what comes to mind, is 17 a man who was skilled and bright, but who has taken a 18 path that has intentionally tried to participate in a 19 scheme of operation that would harm this town, perhaps 20 other towns as well, but particularly this town. And 21 for the life of me, I cannot understand why he has 22 taken that path. 23 Q Does it make you angry? 24 A No, it doesn't make me angry. 10 1 A Well, you're getting into issues -- 2 MR. STEARNS: Yes — 3 THE WITNESS: -- which are RICO, so -- 4 MR. STEARNS: Were going to move on from 5 this, Jonathan. s MR. O'BOYLE: All right. 7 MR. HANNA: Just for the record, we don't a agree that we should move on, but in a spirit of 9 cooperation, we will. 10 MR. STEARNS: I will move for a protective 11 order, and I can't see any legitimate basis what the 12 Mayors personal feelings about Mr. O'Hare have to do 13 with this litigation, so -- 14 MR. O'BOYLE: Okay. 15 BY MR.OBOYLE: 16 Q Is part of the job description of Mayor 17 writing letters to town residents? 18 A I don't know that it's a job description. 19 The Mayor communicates with the town residents. A 20 letter would seem to be the best way, at least in my 21 opinion, to do that. 22 Q Do you know if Mayor Koch did that before? 23 A I don't know. 24 Q Do you know if any of the other Commissioners 25 have engaged in letter writing? 1 A I think Mayor Orthwein did. 1 A Yes. 2 Q Did she write many letters or -- 2 Q I'm sorry. And in this letter -- 3 A I don't know what you mean -- 3 MR. STEARNS: Real quick, we'll mark it as 4 Q —just a periodic -- 4 Exhibit 5 so the record's clean. But go ahead. 5 A -- by many. I don't know. I just remember 5 MR. O'BOYLE: You're right, we will. 6 seeing a letter or two. I don't know. 6 BY MR. O'BOYLE: 7 Q More than one? 7 Q In this letter there is a reference on the a A I don't recall. a second page to Mr. Chris O Hare. 9 Q That's fine. Do you recall ever writing a 9 A Yes, 10 letter to the town residents where you divulged to them 16 Q The plaintiff here. 11 that Mr. O'Hare had made complaints about -- 11 A Yes, you've drawn brackets around it. 12 A I don't recall. You show me the letter. If 12 Q All right, thank you. And in this letter 13 you're reading from it, I said it. 13 you're telling town residents that Mr. O'Hare has 14 Q Okay. 14 complained about their property? is MR. O'BOYLE: This. In particular, the 15 A Yes, I say: Not unexpectedly, Christopher 16 highlighted part, Chris. 16 O'Hare has used the language in the new sign ordinance 17 MR. STEARNS: Look it over. 37 to file Complaints against many of our residents — 1B THE WITNESS: This is my letter of May 26, la Complaint with a capital C. Mr. O'Hare demands the 19 20 -- excuse me -- March 26, 2015 to Gulf Stream 19 removal of their flags, signs and other decorative 20 residents. And what's the question? 20 items as follows. And then I list the ones where he 21 BY MR. O'BOYLE: 21 had registered a complaint, at least via e-mail to me. 22 Q The question is — I believe it was: Did you 22 Q And have you ever done this for any other 23 write this letter? 23 complainant? 24 A Yes. 24 A I'm sorry? 25 Q Did you author this letter? 1251 Q Have you ever written a letter, wrote a Florida Court Reporting (561)689-0999 Page: 17 Florida Court Reporting (561)689-0999 Page 59 Page 60 1 letter where you tell all of the town residents that a Q So there was an investigation? 2 citizen has made complaints about them? 2 A I don't know if there was or not. You asked 3 A I don't know if anyone has ever sent me an 3 me what I thought. I received the e-mail. 4 e-mail listing complaints against residents like this, 4 Q Soto your knowledge, there was no --okay, 5 so I believe the answer to that is no. 5 let me ask: What did you do with that e-mail after you 6 Q And this complaint was made to you in your 6 received it? 7 official capacity? 7 A Nothing. a A I don't know if it was or not. Mr. O'Hare 6 Q Do you understand that -- 9 has my e-mail and sent me an e-mail. And I think he 9 MR. O'BOYLE: And Chris, you might object 10 included a number of other people at Town Hall on that 10 here. I don't particularly care. =i e-mail. 11 BY MR. O'BOYLE: '-2 Q And in that e-mail, what did you understand 12 Q -- that when a resident -- 13 Mr. O'Hare wanted to be done? 13 MR. STEARNS: I object to that. 14 A Mr. O'Hare was objecting to the signs as 14 MR. HANNA: You would. 15 being violative. And he called some signs some 15 BY MR. O'BOYLE: 16 decorative items and tried to be specific that under 16 Q --that when a resident makes a complaint to 17 the new sign ordinance, they were not permitted, and he 17 the Mayor, that that is petitioning for redress? le wanted the Code enforced against those residents. 16 MR. STEARNS: Object to form. 19 Q And to your knowledge, was the Code ever 19 THE WITNESS: I believe the e-mails were to 20 enforced against those residents? 20 myself, the Town Manager, and I believe a number of 21 A I don't recall whether changes have been 21 other people at Town Hall. Yes, I think he was making 22 made, whether that was done. I don't believe so, 22 complaints against these people and asking that the 23 because I don't think that any of these -- I don't 23 Town contact them and have their signs, decorative 24 believe that these were violative of the sign 24 items or flags removed. 25 ordinance. 25 BY MR. O'BOYLE: Page 61 Page 62 1 Q And what was the purpose of writing -- of 1 Q Okay. 2 calling out Mr. O'Hare's complaints? 2 A I'm not trying to quiz you -- 3 MR. STEARNS: Object to form. 3 Q Well -- 4 THE WITNESS: I think that residents should 4 A -- but you ask these very broad semantic 5 be aware of when someone is taking what appears to be a 5 questions, and I'm trying to give you precise answers. 6 very unreasonable view of an ordinance, an ordinance 6 Is it lawful? Of course. 7 that he initially said he opposed, and launched 7 Q But is it appropriate? Is it -- a these -- this e-mail. And you can correct me if I'm a A Appropriate, that's a personal thing. 9 wrong. I believe it was a number of e-mails. I don't 9 Q Does it fit within the character of the Town 10 know if it was just one. I'm assuming, being the 10 of Gulf Stream? 11 capable lawyer that you are that you've looked at these 11 MR. STEARNS: Object to form. 12 e-mails. But I believe it was a number of them. And 12 THE WITNESS: Yes, I -- what do you mean by 13 it just seemed reasonable to me the people who were 13 appropriate in relation to character? 14 being complained of by him -- he was obviously driving 14 BY MR. O'BOYLE: 15 by their properties looking for violations -- had a r5 Q Forget I even said appropriate. Does such an 16 right to know. 16 action fit within the character of the Town of Gulf 17 BY MR. O'BOYLE: 17 Stream? is Q Do you think that conduct's inappropriate in is MR. STEARNS: Object to form. 19 the Town of Gulf Stream? 19 THE WITNESS: Driving around looking at 20 A What conduct is that? 20 people's houses? No. What was done here — and it's 21 Q Driving around, making complaints, code 21 not the driving around so much as it is the compilation 22 enforcement complaints against your neighbors. 22 of residents who put whatever, a flag on their home -- 23 A What do you mean by inappropriate? 23 and these are signs or flags or decorative items, 24 Q Not appropriate. 24 they've probably been there for a long time -- looking 25 A What's appropriate mean? 1251 for a reason to complain against his neighbors to Florida Court Reporting (561)689-0999 1 challenge the Town. And it all goes back to what his 2 modus operandi is relative to the Town. 3 So I believe what I'm trying to communicate 4 here is that he has made a compilation of complaints 5 against a bunch of residents and the school, Gulf 6 Stream School. They have a right to know that someone 7 is doing that. a BY MR. O'BOYLE: 9 Q Does -- okay. 10 A Because he can file, he can contact 11 Mr. Thrasher and say, look, does this -- you know, I'm 12 going to put a flag up on my house here. I don't 13 understand your Code. Is this permitted? But that's 14 not what he did. He went around, collected all these 15 alleged violations, and then started sending e-mails to 16 Town staff demanding that they do something about it. 17 And I think the residents have a right to know about ie that. 19 Q Does the Town want Mr. O'Hare to stop making 20 complaints? 21 MR. STEARNS: Who at the Town? 22 MR. O'BOYLE: With the Town. 23 MR. STEARNS: Object to form. 24 THE WITNESS: No, that's what I would ask 25 you. What do you mean by the Town? 1 angry. 2 BY MR. O'BOYLE: 3 Q Right, okay. Do you think this would 4 deter -- 5 MR. STEARNS: Jon, this is all pure 6 speculation. Why don't you ask him what actually 7 happened? You know, that's what -- 9 BY MR. O'BOYLE: 9 Q What was the motivation for putting this 10 particular -- 11 A I just told you several times. 12 Q I know the Willie Sutton answer, which is to 13 let the people know that this is going on. But I'm 14 saying why did you feel the need to tell them about 15 this, to tell every resident, not just the residents, 16 property owners -- 17 A I just spent quite a bit of time going over 19 my reasoning for doing that. It speaks for itself. I 19 thought these residents in particular should know, and 20 I thought the town should know, because Mr. O'Hare had 21 been doing this in a serial basis, an e-mail here, an 22 e-mail followed up, another e-mail. And I suspected 23 there would be more e-mails coming of additional 24 violations, so I want the whole town to know what's 25 going on hero. 16 : BY MR. O'BOYLE: 2 Q Does the Commission, your Board, people in 3 the Town, public officers, including yourself, do they 4 not appreciate Mr. O'Hare's efforts to point out Code 5 violations? 6 MR. STEARNS: Object to form. He can't speak 7 to others. a THE WITNESS: I can't speak for the other 9 Commissioners. Is it wrong to point out what you think 10 to be Code violations? 11 BYMR.O'BOYLE: 12 Q Is it? 13 A It's not unlawful, not technically wrong. 14 Q Now, do you think this, your letter, this is particular portion inflammatory? 16 MR. STEARNS: Object to form. 17 THE WITNESS: What do you mean by that? is BYMR.O'BOYLE: 19 Q That these property owners would be very 20 angry at Mr. O'Hare? 21 A Not necessarily. 22 Q Do you think they'd be happy about it? 23 A I doubt they would be happy about it. 24 MR. STEARNS: Object to form. 251 THE WITNESS: I don't know that they would be 1 Q All right. Did you recently attend a 2 workshop meeting? 3 MR. O'BOYLE: Well, let me mark this as 5. 4 (Plaintiffs' Exhibit Number 5 was marked for 5 identification.) 6 BY MR. O'BOYLE: 7 Q A Commissioner workshop meeting? 6 A One we had on budget allotments, projecting 9 for the future expenses, that sort of thing -- 10 Q Yes. 11 A -- a couple of weeks ago? 12 Q Yes. 13 A Yes. 14 Q I didn't know if you were absent or not. In 15 that meeting, did Mr. Thrasher propose hiring two code 16 enforcement officers? 17 A I don't recall that. I recall that one of ie the suggestions was to essentially have a buildings and 19 code section or department, if you will, here in Town 20 Hall. There has been consideration of enlarging the 21 Town Hall, not only to accommodate existing staff -- as 22 you know, it's very tight here, kind of outgrown the 23 space -- but if we could take on additional duties, it 24 would further justify and possibly pay for that 25 expansion. And I think that did include code Florida Court Reporting (561)689-0999 Page: 19 Florida Court Reporting (561)689-0999 Page 67 Page 66 1 enforcement. 1 special that was discussed at a Town Commission 2 Q Have you been given any special powers as 2 meeting. 3 Mayor? 3 Q And that's merely the ability to, I guess, 4 A I don't know what you mean by that. 4 talk with attorneys, and I'm assuming direct litigation 5 MR. STEARNS: Can you fly? 5 as well? 6 MR. O'BOYLE: Chris. 6 A I don't direct litigation. 7 BY MR. O'BOYLE: 7 Q Who does in the Town? 8 Q All right. Special powers. Here's what I a MR. STEARNS: Object to form. 9 mean. Have you been given any authority above and 9 THE WITNESS: Yes. Our attorneys are 10 beyond that described in the Charter as Mayor? 10 professionals, and they're charged with the ' 1 A Well, I think the Charter's descriptions are 11 responsibility of advancing either defenses or claims. 12 fairly general and broad. 12 MR. STEARNS: And you're starting to infringe 13 Q Well, what do you -- 13 on attomey-client privilege as well, so -- 14 A You know that I have been, by the 14 MR. O'BOYLE: No, I'm asking the power 15 Commissioners several times, authorized to interact 15 structure of -- 16 with our attorneys to oversee legal actions and whether 16 MR. STEARNS: I mean who we communicate with 17 defensive or offensive actions against Mr. O'Hare, 17 and how — 1 e Mr. O'Boyle, yourself and others for the scheme that 28 MR. O'BOYLE: Oh, no, no, no, I don't want to 19 has been brought against this town and harmed this 19 know what -- that doesn't -- that's beyond, at least I 20 town. 20 think it's beyond this. 21 So I have worked with our attorneys. And if 21 BY MR. O'BOYLE: 22 you want to consider that special authority, I don't 22 Q I'm asking who has what powers? 23 think it is. 1 think it would be incumbent on any 23 A I have no idea what you mean by that. 24 Mayor to do that based on what we've talked about, his 24 Q You just mentioned a --several meetings 25 responsibilities. But you were looking for something 25 where you were delegated certain authorities or Page 69 Page 70 1 responsibilities. 1 of our Commissioners are welcome to speak with any of 2 A To be honest with you, I don't -- it was 2 our lawyers. The Mayor is typically the person who 3 essentially ratification of what all had perceived was 3 communicates, to use your phrase, the point person in 4 authority of the Mayor to work with counsel whom they 4 that regard. So I typically am the one who either 5 had hired and with the Town Manager and all staff who 5 contacts or is contacted by counsel. 6 could participate in assisting the attorneys with the r BY MR. O'BOYLE: 7 defense of the many actions brought by your client 7 Q Okay. a against the Town and the actions that were filed a A Often after the Town Attorney, by the way. 9 against him, whether that's a motion, a counterclaim or 9 Q I'm sorry? 10 a separate lawsuit. 10 A After the Town Attorney, and often after the 11 Q Were you given any other power to work with 11 Town Manager. Depends what the issue is. 12 Mr. Thrasher directly on code enforcement? 12 Q That you --I'm sorry, could you repeat that, 13 A I don't really know what you mean by that. I 13 what you just said again? 14 don't recall a special meeting or some topic on the 14 A I will be, to use your phrase, the point 15 agenda where the Mayor is given some specific authority 15 person, because the Mayor is the one who typically is 16 to do code enforcement. I don't believe that ever 16 the one communicating either to contact or be contacted 17 happened. 17 by the attorneys. Sometimes that occurs after they've is Q Right. But you do have -- you have been 1s contacted, that is litigation counsel has contacted 19 given at least special authority with regard to 19 Town Counsel or even the City Manager. 20 communicating with attorneys -- and let me clarify 20 Q Now, back to -- oh, I'm sorry. Let me 21 that -- authority for which you could fairly be 21 clarify here. So you, as the Mayor or as a 22 considered as the final policy maker for the Town? 22 Commissioner, have not been given any additional 23 MR. STEARNS: Object to form. 23 responsibilities beyond the Town Charter, have not been 24 THE WITNESS: I don't think that's true at Z9 delegated any other responsibilities? 2s all. Number one, it would not be limited to me. Any 25 A I think the Charter speaks for itself. Florida Court Reporting (561)689-0999 1 You're asking for specific designations of authority, 2 and I just outlined the one that I recall. If there 3 were others, Tm not sure. But I think it's fair to 4 say that, no, there's not a special designation of 5 authority beyond the Charter for the Mayor. 6 Q Well, if the Commissioners -- could the 7 Commissioners delegate authorities to themselves, to 8 individual members? 9 A I don't -- rm not sure what that would mean. 10 What do you mean? 11 Q This Town of Gulf Stream is not — I don't 12 think it's big enough, but assuming it had many 13 different departments like the City of Delmy Beach, 14 could the Commission say — you know, the name plate's 15 up, but Commissioner White, we want you to deal with 16 parks and recreation, and we want you to make all the 17 decisions for parks and recreation department, and if is you think anything is too hot, you can throw it to the 19 full Board. 20 A That's a hypothetical. It's speculative. 21 That would never happen the way you described it. Let 22 me say, however, would we say Commissioner White, you 23 have an architectural background -- again, being 24 hypothetical. She does not, to my knowledge, but 25 that's who you referred to. 1 being disingenuous, that it had something to do with 2 all the litigation, lawsuits that you have filed and 3 that your law firm has filed against this Town. I 4 suspect that had something to do with it. 5 Q May I ask what lawsuits I have filed? 6 A Well, that gets into a matter that you may 7 not want to get into. But so let's just take that back 9 and say your law firm, the O'Boyle law firm, as well as 9 some of the other lawyers here, but more importantly, 10 the plaintiffs bringing them, Mr. O'Boyle and 11 Mr. O'Hare, who have been part of a conspiracy and 12 scheme across the state to raise money by shaking down 13 municipalities, municipal agencies, government agencies 14 and contractors doing work with those governments. 15 MR. STEARNS: And let's move to a new topic. 16 MR. O'BOYLE: I was going to say are we free 17 to talk about that -- is MR. STEARNS: No, we're not. 19 MR.OBOYLE: —yet? 20 MR. STEARNS: No, we're not. 21 MR.OBOYLE: Okay. 22 BY MR. O'BOYLE: 23 Q On a December 12th, 2014 Commission 24 meeting -- 25 A December? ELI 1 Let's say she had some special expertise in 2 architecture. We might ask her to -- would you meet 3 with several architects? We're considering a change to 4 the Design Manual on second story homes, for example, 5 have her lead the charge there, gather information, 6 present it in an organized and reasonable fashion to 7 the Commission. That would make sense to me. e Q So in that hypothetical, that's what you're 9 doing for the Commission, but with legal matters and 10 letters as well? 11 MR. STEARNS: Object to form. 12 THE WITNESS: I'm sorry? With the legal 13 matters, yes. 14 BY MR. OBOYLE: is Q And with the letters from the Town? 16 A No, the letters, that's — I don't think 17 that's anything exemplary. I don't believe that's out 19 of the ordinary. Communicating to the town seems to me 19 to be part of the responsibilities of being Mayor. 20 Q Do you know why you were voted as Mayor? 21 A No. You ask for why, the reason? I don't 22 ]snow. 23 Q Well, I mean, again -- 24 A Do I know what went through every 25 Commissioner's head? I don't know. I suspect. without 1 Q 12th. 2 A Of'14? 3 Q '14. 4 A Okay. 5 Q 12-12. 6 A Okay. 7 Q There was a discussion, or do you remember 6 any discussion about you having -- the Commission 9 delegating you any powers? to A I don't recall specifically that meeting. I 11 recall there was -- you probably should show me the 12 minutes -- 13 Q Sure. 14 A -- because there have been several Commission is meetings where topics of Mayor working with counsel 16 were discussed. 17 Q If you would like to review the minutes, I la have a copy here if you would like, and it starts with 19 items for Commission action, I think. I believe that's 20 what it says. 21 A And I m sorry, I don't mean to interject as 22 the witness, but does that have anything to do with the 23 allegations of the Complaint? 24 Q This has to do with the power structure of 25the Town of Gulf Stream, who is the final decision Florida Court Reporting (561)689-0999 Page: 21 Florida Court Reporting (561)689-0999 Page 75 Page 76 '-maker, what are the customs, polices and usages of the 1 Q And you have not? 21 Town. 2 A I have not. 3 MR. STEARNS: I think what we'll -- 3 Q That's fine. Now, for the Commission action 4 THE WITNESS: At this time? 4 there was a discussion, and I've actually highlighted 5 MR. STEARNS: I don't mean to tell you how to 5 it. It's two or three pages in, but I gave you the r do your job, but what you need to ask him is does he 6 benefit of having the whole colloquy. 7 have the ability to file a -- to choose to file a 7 A Well, we've got 20 odd pages, 21 pages. 6 lawsuit on his own or does it have to get Commission 9 Q Sure. There's a little portion I blocked 9 approval. That's what you're after, right? 9 out, and what it says -- well, I don't know, why don't 10 MR. O'BOYLE: Actually, no. But why don't we 10 you read me what it says. 11 ask that question too. 11 A On page 17 you've put a bracket around: 12 MR. STEARNS: I'll let you ask that one 12 Commissioner Onhwein commented that she agreed with 13 question about this, and we're moving on from lawsuits. 13 Mr. Thrasher and that they talked about it at a meeting 24 MR. O'BOYLE: Right, okay. 14 and gave Mayor Morgan explicit directions to be at the 15 BY MR. O'BOYLE: 15 head of the Commission for their litigation, and she 16 Q So do you have the ability to file or to 1E believed he was acting exactly as he should have. 17 order anybody to file a lawsuit by yourself without 17 Q What meeting was that? 1e Commission approval? 18 A I don't know. 19 A Do I personally? 19 Q So you don't remember who was there other 20 Q Yes. 20 than -- 21 A Yes. 21 A Well, all the Commissioners were there. 22 Q Got it. Now let me back up. Do you, as 22 Q Not at that meeting, December 12th. I mean 23 Mayor, not individually? Let me be clear. 23 that meeting, the one that Commissioner Orthwein was 24 A No. The Mayor does not direct lawsuits to be 24 referring to. 25 filed. 25 A Oh, where she says that at a meetings they Page 77 Page 78 1 gave Mayor Morgan explicit direction to be the head of 1 responsibilities, does many things. Will he consult 2 the Commission for litigation? 2 with me, ask me a question? Sure, might do that. I 3 Q Yes. 3 can't think of anything off the top of my head, but 4 A Yes, I don't know if that was at a meeting. 4 that would not be unusual. He's, you know, thinking of 5 I cannot recall. 5 doing this, doing that. I could definitely see him 6 Q Do the Town Managers or any of the 6 talking to me about it, as well as other people. 1 7 Commissioners informally delegate you any powers? 7 know the Vice -Mayor Ganger is here rather frequently. 6 A No. 8 May talk to him about it. 9 MR. STEARNS: Object to form. 9 So it's we are a small town, as you know. 10 MR. O'BOYLE: I can't make you happy, Chris. 10 You've lived here a long time. It is a small staff. 21 THE WITNESS: No, we don't meet privately. 11 It would not be at all unusual to have informal 12 We don't meet in small groups, no. 12 discussions between individual Commissioners and the 13 BY MR. O'BOYLE: 13 Town Manager or the Town Clerk. 14 Q Does the Town Manager ever ask you to take 14 Q Right. And the Town Manager tells you about 15 some of his duties over? 15 those discussions. That's how you come to learn about 16 A No, he doesn't ask me to take his duties 16 them? 17 over. 17 A No. I said I would not be surprised. 18 Q Or to share or help? 18 Q Oh, okay. 19 A Well, the Town Manager, that's a very -- 19 A No. 20 Q And you have to understand, I'm trying to 20 Q So you haven't heard of any informal 21 figure out how the Town functions. 21 discussions? 22 A Well — 22 A I have not. 23 Q There's paper, and then there's people. 23 Q Of Commissioners talking with the Town 24 A I've tried to give you examples in my brief 24 Manager? 25 tenure on the Commission. Mr. Thrasher has many 251 A Yes, I'm assuming it would be reasonable to Florida Court Reporting (561)689-0999 1 do that. I would do it when I was on the ARPB; I would 2 go in and talk to them. So I assume the other 3 Commissioners and ARPB members would be doing the same. 4 Q The Town sign ordinance, they just changed 5 it. You were aware of that, Pm assuming, because you 6 voted for it. 7 A Yes. B Q They have in the Design Manual a provision 9 that speaks to objets d'art. Do you know what an to objet d'art is? 11 A Is the new sign ordinance and objets d'art 12 pan of this litigation? 13 Q Objets d'art is. 14 A Again, I haven't seen the Complaint, so 15 that's why I'm asking. It seems very off course to me. 16 But objets d'art -- 17 MR. STEARNS: That's actually the first 18 question in quite a long time that has been relevant to 19 the litigation. 20 THE WITNESS: Well, there you go. Art 21 objects. 22 BY MR. O'BOYLE: 23 Q Yes. Do you know what an objet d'art is, or 24 would you like to see the Code? 25 A If you could point me to a definition of it, '- this -- if there is an object of art that is in 2 violation of this ordinance because it is visible from 3 the street, what's your question then? 4 Q My question is how would you -- or I'm sorry. 5 Who determines whether it's art or not, or do you know 6 who determines? 7 A Well, sometimes it's not totally clear. But a I think probably an object of art is rather obvious. 9 But perhaps it's not. So if the Town Manager, for 10 example, is out to look at that and he would make the 11 determination whether it's an objet d'art. If there i2 was any question about it, I'm sure he would consult 13 with counsel, maybe the Police Chief, maybe others. 14 That's generally how things would be done here. 15 Q Are signs objets d'art? 16 MR. STEARNS: Object to form. 17 THE WITNESS: I don't think a sign would be 1e an objet d'art, not in the generic sense. 19 BY MR. O'BOYLE: 20 Q Because the Town has a sign ordinance? 21 A Well, a sign has a --it's difficult for you 22 to define a sign, because if I ask you to define what 23 you mean, I think you would have difficulty doing it. 24 So if you're talking about a flat, two dimensional 25 object with paint on it, you could say, well, that's a LL 1 that would be helpful. 2 Q Okay. 3 MR. O'BOYLE: Apologize, Chris. I'm ruining 4 your book. 5 MR. STEARNS: Are you marking these minutes 6 as an exhibit? 7 MR. O'BOYLE: Yes, 6. 6 (Plaintiffs Exhibit Number 6 was marked for 9 identification.) 10 THE WITNESS: Okay, you've shown me section 11 70-268, sub (c), objets d'art visible from the street. 12 BY MR. O'BOYLE: 13 Q Right. Do you know what conduct that 14 proscribes? 15 A I think objets d'art is objects of art. I'm 16 assuming that that's a term of art. 17 Q I think so. I believe it's French. But I 1s struggled with that one myself. Does the -- well, let 19 me back up. 20 So it's an object. Does that mean that it's 21 three dimensional? 22 A It could be. It's an art object, so -- 23 Q And who determines whether it's art or not? 24 A Well, if you're looking for a Code 25 violation -- I susaect that's where vou're going with 1 sign, but it's on a post in the middle of the yard, so 2 it's an objet d'art. 3 I guess that's where you're going with that 4 discrepancy, and perhaps someone looking at it might 5 not be sure one way or the other. It would be done on 6 a case by case basis, I'm sure. 7 Q When you received complaints from Chris a O'Hare, did they mention objets d'art? 9 A I don't recall. I don't have the e-mail in 10 front of me. 11 Q Let me ask you this: Was this a Subpoena 12 Duces Tecum? 13 A It was. 14 Q What were the documents that you were 15 supposed to bring? 16 MR. STEARNS: I'll handle this, Mr. Mayor. 17 The Subpoena Duces Tecum was not timely under 1e the Florida -- under the Federal Rules, so I instructed 19 him not to bring anything. 20 MR. O'BOYLE: Fair enough. 21 BY MR. O'BOYLE: 22 Q Do you recall any photographs attached to any 23 of Mr. O'Hare's e-mails? 24 A I believe so. 25 Q And do you know the types of photographs that Florida Court Reporting (561)689-0999 Page: 23 Florida Court Reporting (561)689-0999 Page 83 Page 84 1 were attached? 1 Q Fair, okay. And you didn't notice them, 2 A I recall there were photographs, and I 2 obviously, because they are everywhere? 3 believe there were -- you'd have to look at the letter, 3 MR. STEARNS: Object to form. 4 but I believe it mentions flags, or I thought he 4 THE WITNESS: I don't know. If you think an 5 focused on particular things that he found 5 objet d'art is everywhere, then I'll grant you that 6 objectionable. 6 concession, if that's how you view the world. I don't 7 Q Under the ordinance that we just talked 7 think that's necessarily true. 6 about, the objets d'art ordinance -- a BY MR. O'BOYLE: 9 A Um-hmm. 9 Q That these are --okay. Well, we'll move on. 10 Q — if the object was not visible from the 10 Is the right to file a lawsuit -- 11 street, it would not be prohibited? 11 MR. STEARNS: 7, Jonathan? 12 A Well, according to -- I'm not a code 22 MR. O'BOYLE: Yes, 7. 13 enforcement officer, and you're asking me to interpret 33 (Plaintiffs Exhibit Number 7 was marked for 14 what apparently, you know, is an ordinance. But all I 14 identification.) 15 can tell you is what it says. Section 70-268 (c), 15 BY MR. O'BOYLE: 16 prohibited includes, among other things, objets d'art 16 Q Is that a right protected under the First 17 visible from the street. 17 Amendment? is Q You reckon you might have saw some driving 16 A I don't comment on constitutional law. Don't 19 over here to Town Hall, some objets d'art? 19 know constitutional law to any degree of expertise. 20 A I don't reckon. I don't know if I did. 20 Q So you've never -- 21 Q All right. 21 A You're asking me to make a legal conclusion. 22 A Did I see any objets d'art on my way over 22 I'm a lay witness. You identified me as such, okay? 23 here? 23 So I'll defer to you as the attorney, as the legal 24 Q Yes. 24 scholar, to make that -- 25 A If I did, I didn't notice them. 25 Q But you're also an attorney. Page 85 Page 86 1 A I am an attorney. 1 Q -- classifications. Right. If — by the 2 Q An active one, right? 2 way, what is, what classification is your house? 3 MR. STEARNS: I heard he said he doesn't 3 A I don't know. We didn't build it. I don't 4 know. Why are you badgering him? 4 know what it was. 5 BY MR. O'BOYLE: 5 Q So if you wanted to changes the style 1-1 Q Oh, by the way, I did want to ask: If 7 classification, you've never gone through that process? 7 someone were to -- when I say someone, if you wanted 7 A No. 8 your house re -categorized from a Bermuda to, say, a 9 Q Has anybody while you were on the 9 Spanish Mediterranean -- does what I just said make 9 Architectural Review Board, has anybody undertaken that 10 sense? 10 process? 11 A No. 11 A I don't recall anybody coming in with, for 12 Q In the Town of Gulf Stream there are 12 example, a Mediterranean house saying I want to convert 13 different house types, are there not? 13 this to a Bermudan house. I'm assuming they would 14 A Yes. 14 knock the house down and rebuild it. So I don't know 15 Q Do you know what those different styles of 15 that I can say I ever remember anybody coming in with 16 house types are? 16 that specific request. Maybe I'm wrong. 17 A As set forth in the Code, there are a number 17 Q Sure. I mean it could have happened. Is 18 of them. is that something that the Architectural Review Board 19 Q Would Spanish Mediterranean be a 19 would have had to consider? 20 classification? 20 A Well, I think it — these are all 21 A Yes. 21 hypotheticals with you. So if we pursue the 22 Q Would Bermuda be a classification? 22 hypothetical, the way it would typically occur is 23 A Yes. 23 Mr. and Mrs. Smith would buy their Mediterranean home 24 Q And various other — 24 and decide that they want to knock it down and build a 25 A Of course. You know that. 25 Bermudan, Gulf Stream Bermudan home. I guess that's Florida Court Reporting (561)689-0999 I where you re going with it. 2 So they would come into Town with an 3 application to do that and seek the requisite levels of 4 review. That would go to the ARPB, with recommendation 5 to the Commission, who would approve or disapprove it. 6 That's how it would happen. 7 Q That's fine. s MR. O'BOYLE: Do you have folders for me? 9 MR. O'HARE: I got stuff. 10 (Discussion held off the record.) 11 BY MR. O'BOYLE: 12 Q Oh, by the way, do you know how many code 13 enforcement actions, roughly, have occurred since 14 you've been a public official? 15 A No. 16 Q Would you say less than ten? 17 A I don't know per se, I really don't. is Q Okay. 19 A How many have occurred? I don't know. 20 Q But you know it's been more than one? 21 A I assume so. Since I sat on the ARPB? I 22 would think so. 23 Q Right, okay. But you do not know how 24 frequently, about how many occur a year? 25 A No. 1 MR. STEARNS: Well, I'm not sure of the 2 distinction. I'll let you ask the next question, but 3 rm saying were not getting into the RICO issues. You 4 know that. 5 MR. O'BOYLE: Oh, right. No, no. 6 BY MR. O'BOYLE: 7 Q What I want to ask is: Is this one of the s frivolous cases or not? 9 MR. STEARNS: Objection. to THE WITNESS: I've already told you that I 11 can't recall reading this entire case. All I saw was 12 probably in the first part of the Complaint. And 1 13 believe you or someone mentioned that it's been amended 14 since, that there are other claims, and that's why 15 you're questioning me. 16 So I frankly wouldn't have any knowledge of 17 anything relative to Officer Ginsberg or these plants 1s in the right-of-way. That sounds frivolous to me, but 19 I cant make that decision. I don't know what the 20 facts are. And I wouldn't use the word frivolous. 21 That's probably the wrong designation, because I don't 22 have any facts on it. 23 But it would seem unlikely to me, just given 24 the nature of my understanding of our Police Department 25 and how they act and the wonderful relationship that we rage: A4 Page BB 1 Q Fines from code enforcement actions though 2 are part of the budget for the Town, right? 3 A I assume they come in a specially designated 4 spot in the budget. I don't know exactly where that 5 is. 6 Q Would you be surprised if I told you at the 7 July 7th, 2014 Town Commission meeting that you, from 9 that chair, told the audience that some lawsuits were 9 frivolous, filed against the Town, and some were not to frivolous? Would you be surprised to hear that you 11 said that? 12 A Yes, because I didn't say that. What I said 13 was that some may be frivolous, some may not be, we 14 didn't know at that point in time, but it sure looked 15 like they were frivolous. 16 Q Okay. 17 A They appeared to be frivolous. I was giving Is the benefit of the doubt at that point. But having 119 looked at them, they are all frivolous. 20 Q Including this one? 21 A Well, that wasn't a public records case. I 22 don't believe this is a public records case. 23 Q Was this part of the -- 24 MR. O'BOYLE: Chris, were you going to make 25 an objection? Page 90 1 have with our police. They are exceptional. So I 2 would certainly not expect one of our police officers 3 to do something that you're alleging violates people's 4 rights. 5 BY MR. O'BOYLE: 6 Q What do you know about the police office? 7 You just said from what you know about them. What do 8 you know about them? 9 A I know that if you needed a police officer in 10 this town, they come immediately. If you have a 11 question, if you had a cat in a tree, they are there 12 immediately. They are polite, they're friendly, 13 they're smart. They are the perfect local Police 14 Department. And I say that without trying to -- just 1s because I'm Mayor of the Town and trying to -- 16 Q Right. 17 A -- overemphasize -- 18 Q Political pressure to -- 19 A I have always felt that. They come, they 20 check on our houses when were not home, they are 21 patrolling the streets with regularity. As you pointed 22 out, we do have crime, but we don't have a lot. And I 23 think that credit for that can go to the way our police 24 force is run by the Chief and by the officers who make 2-91 it up. I don't know many of them, if that's your next Florida Court Reporting (561)689-0999 Page: 25 Florida Court Reporting (561)689-0999 Page 91 Page 92 question. I just know them to say hello. But I've I MR. STEARNS: What does that possibly have to 2 been very impressed by them. 2 do with this case? 3 Q And that checking in on houses, what do you 3 MR. O'BOYLE: I'm sorry? 4 know about checking in on houses? 4 MR. STEARNS: What claim is it related to? 5 A Well, if an alarm goes off, they're there in 5 Tell me right now. 6 a flash. They go around the house. They don't 6 MR. O'BOYLE: This is -- well, first off, we 7 hesitate to check all the doors, make sure everything 7 can save this for the judge, but -- 6 is okay. They will typically, where I live, because I a MR. STEARNS: Do you have anything else 9 live kind of down in a hidden area, they will come down 9 related to this case, or we're done, because I've had 10 periodically just to check. Particularly if I'm not 10 it with this. We're going back through areas you've 11 home, I'll let them know if Pm on vacation. They 11 replowed. And there are no claims for defamation, '-z don't hesitate to come down and just check the house. 12 there's nothing like that in this case. You're just 13 ht's that sort of special attention that we 13 harassing this man. Are we done? 14 get in this small town that impresses me with our 14 MR. HANNA: We're not agreeing. 15 Police Department, and it's why I would look suspect at 25 MR. STEARNS: I understand you're going to go 16 some of the allegations that were -- are being made by 16 back before the judge, that's fine. 17 your client. But again, I don't have any facts, so I'm 17 MR. O'BOYLE: Right. 16 not prejudging for you. 1s MR. STEARNS: But that's public records issue 19 Q Right, thank you. Okay. In the November 19 stuff, and I told you we're not going through it. 20 12 -- I'm sorry -- the November 14 Coastal Star, did 20 We're not going through it. 21 you say: In my opinion, the Town of Gulf Stream has 21 MR. HANNA: Do you agree we can proffer 22 suffered enough. The Town has been expending funds, 22 information that -- because he has some exhibits that 23 time, resources, morale and difficulties in hiring and 23 he wanted to go through that I'm sure you're going say 24 retaining employees as a result of the scandalously 24 were related to the -- 25 malicious and frivolous lawsuits and records requests. 25 MR. STEARNS: Yes, then -- Page 93 Page 94 1 MR. HANNA: Yes, I don't want to get in front I another day if we have to. Do you have anything that's 2 the judge and you say that we waived something. 2 not related to those issues that you want to ask him? 3 MR. STEARNS: That's not a problem. 3 BY MR. O'BOYLE: 4 MR. HANNA: Okay. 4 Q As of right now, I want to ask: When you 5 MR. STEARNS: I'd say let's wrap it up and 5 wrote the May — I'm sorry -- March 26, 2015 letter, 6 come back another day if we have to. 6 did you realize that the property owners mentioned in 7 MR. O'BOYLE: Mark, do you want to help me, 7 your letter were going to be unhappy with Christopher a come up here and proffer these? 6 O'Hare? 9 MR. HANNA: Yes, we'll take care of it. 9 MR. STEARNS: Object to form. Asked and 10 MR. STEARNS: You don't have to proffer it 10 answered. 11 now. 11 THE WITNESS: I thought we went over this 12 MR. O'BOYLE: Okay. 12 before. 13 MR. HANNA: We'll take care of that. All you 13 BY MR. O'BOYLE: 14 have to do is hand it to her. 14 Q But no, I think I asked if you intended to, 15 MR. O'BOYLE: All right. Well, shall we 15 if you intended to create a chilling effect -- 16 release the -- 16 A Not -- 17 MR. HANNA: They're going to terminate it 17 MR. STEARNS: You asked did you think they 18 d'-- '-a would be upset, which is the same question you're 19 MR. O'BOYLE: Okay. Do you have any other 19 asking right now. 20 folders? 20 MR. HANNA: You have the objection. He still 21 MR. O'HARE: Got plenty. 21 has to answer the question. Object to form, I need to 22 MR. O'BOYLE: All right, let me see. 22 know -- 23 MR. STEARNS: Are they related to the public 23 MR. STEARNS: One attorney speaks. But I 24 records issues and all that? So then let's just wrap 24 agree with what you're saying. He's the only one who's 25 it up, and we'll see you guys later. We'll be back 25 supposed to be speaking. Florida Court Reporting (561)689-0999 Page: 26 Florida Court Reporting (561)689-0999 Page 95 1 Go ahead. 2 THE WITNESS: You said do I realize, as if it 3 is a fait accompli. I don't know that that's true. I 4 suspect some of the recipients weren't bothered by it 5 at all; I'm sure others were unhappy about it. That 6 would be my assumption. This is a deposition of 7 hypotheticals, apparently. That would be my s assumption, is that would be the reaction from certain 9 people. 10 BY MR. O'BOYLE: 11 Q And fait accompli, what was that word? I 12 haven't heard of that before. 13 A It's an objet d'art. 14 MR. STEARNS: Touch6. Are we finished? 15 MR. HANNA: Okay. 1c MR. O'BOYLE: Why not. 17 MR. HANNA: Subject to -- 1s MR. STEARNS: Yes, subject to whatever the 19 magistrate -- 20 VIDEOGRAPHER: The time is 3:54. 21 MR. STEARNS: Are these being ordered, guys? 22 MR. HANNA: Yes. 23 MR. STEARNS: I want copies, please, with all 24 the exhibits. 25 (Witness excused.) Florida Court Reporting (561)689-0999 I (Whereupon, at 3:54 p.m., the foregoing 2 deposition was adjourned.) 3 4 5 6 CERTIFICATE OF ADMINISTRATION OF OATH 7 8 9 THE STATE OF FLORIDA ) 10 COUNTY OF PALM BEACH ) 11 12 13 I, Susan S. Kruger, the undersigned 14 authority, hereby certify that SCOTT MORGAN 15 personally appeared before me and was duly sworn. 16 WITNESS my hand and official seal this 17 3rd'day of June 2015. 18 19 20 21 22 Susan S. Kruger 23 Notary Public, State of Florida Commission Number: EE040490 24 Expires: November 8, 2018 25 Florida Court Reporting (561)689-0999 1 2 3 9 5 6 II 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 C E R T I F I C A T E THE STATE OF FLORIDA ) COUNTY OF PALM BEACH ) I, Susan S. Kruger, do hereby certify that I was authorized to and did stenographically report the foregoing deposition, and that the transcript is a true and correct transcription of the testimony given by the witness. I further certify that I am not a relative, employee, attorney or counsel of any of the parties, nor am I a relative or employee of any of the parties' attorney or counsel connected with the action, nor am I financially interested in the action. Dated this 3rd day of June 2015. AC�4� - L7-t�� Susan S. Kruger Florida Court Reporting (561) 689-0999 y1 1 WORD INDEX <1> 1 41:22 1:44 122 4:4,13 100 4:3,15 1000 2:15 1001 2:4 12 91:20 12-12 74:5 12-12-2014 3:15 12th 73:23 74:1 76:22 14 74:2,3 91:20 15906 2:5 17 76:11 1983 2122,23 <2> 2 46:7,13 2:17 30:19 2:26 30:23 2:41 41:14 2:43 41:18 20 35:12 57:19 76:7 2000 19:17 20:6 2014 73:23 88:7 2015 1:21 4:4,12 57:19 94:5 96:17 97:17 2018 96:24 21 3:9,20 76:7 223-9990 2:10 2455 2:15 26 57:18,19 945 28 1:21 4:4 28th 4:12 <3> 3:54 1:22 9520 96:1 3-26-2015 3:13 3272 2:9 33304 2:16 33480-9991 2:9 33483 4:16 3rd 96:17 97:17 <4> 4 3:9 46:5 47:23 48:7,8 401 2:9 42 21:22 463-0100 2:16 47 3:9 <5> 5 3:13 48:2 58:4 663,4 535-5175 2S 561 2:10 <6> 6 3:15 80:7,8 66 3:13 <7> 7 3:17 84:11,12,13 70 39:9 40:16 70-1 41:7,11,22 42:25 70-26 3:11 70-266 3:18 70-268 80:11 83:15 70-269 3:18 70-32 3:11 7th 88:7 <8> 8 3:1 9624 80 3:15 814 2:5 84 3:17 <9> 9:13 -CV -81053 1:3 5:11 92 3:20 95 19:13 954 2:16 96 19:13 99 19:16 <A> ability 68:3 75:7,16 able 38:21 above 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beginning 4:4 BEHALF 2:3,13 4:25 believe 7:1, 3 8:1 19:12 24:17 29:21 30:2, 6 32:17 33:15 34:3 38:2 39:10 40:1 42:4,12,18 48:13,15 49:21,22 50:15,16 51:8,16 57:22 595, 22, 24 60:19,20 61:9,12 63:3 69:16 72:17 74:19 80:17 82:24 83:3,4 88:22 89:13 believed 76:16 believes 5:15 benefit 45:20 76:6 88:18 Bermuda 85:8,22 Bermudan 86:13,25, 25 best 33:12 38:24 56:20 better 12:25 15:23, 25 16:1 17:16 beyond 10:12 67:10 68:19,20 70:23 715 big 22:17 38:23 71:12 bit 9:23 13:1,7 23:10 35:14 65:17 blocked 76:8 Bo 2:22 4:16 Board 9:14,16 15:9, 11 16:22 35:9 38:4, 6,15 45:4 47:8 52:13 64:2 71:19 86:9,18 body 11:6 book 43:11,13 80:4 bothered 95:4 bottom 12:17 Boulevard 2:15 bracket 76:11 brackets 58:11 BRANNON 1:3 break 30:17 42:1 brief 5:7 41:16 77:24 bright 44:19 55:9,17 bring 5:22,23 13:4 52:1 82:15,19 bringing 73:10 Broad 2:4 14:15 Florida Court Reporting (561) 689-0999 62:4 67:12 broadly 10:23 brought 26:1 35:24 36:3,16 38:13,25 67:19 69:7 Budget 11:23 13:8, 10,10 18:11 50:13, 17 66:8 88:2,4 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compilation 62:21 63:4 complain 62:25 complainant 5823 complained 58:14 61:14 complainer 37:9 Complaint 28:18,20, 25 29:3,8 31:2,8,10 32:22 33:3 38:3 51:11,13,15,16 58:18,21 59:6 60:16 74:23 79:14 89:12 complaints 373 57:11 58:17 59:2,4 60:22 61-2,21,22 63:4,20 82:7 completely 35:16 compliment 54:25 Composite 320 concession 84:6 conclude 17:3 conclusion 84:21 conduct 12:3 17:16 43:5 51:24 61:20 80:13 conducted 21:20,22 conduct's 61:18 confirm 36:24 confirming 33:21 confusion 39:11 conjunction 49:24 connected 97:15 consensus 53:7 consider 18:11 67:22 86:19 consideration 66:20 considered 69:22 considering 723 conspiracy 73:11 constitutional 84:18, 19 constructed 36:11 construction 36:11 39:17 consult 18:16 78:1 81:12 consulted 25:23 contact 18:3 60:23 63:10 70:16 contacted 70:5,16,18, 18 contacts 70:5 contained 46:16 continue 5:24 47:24, 25 continuing 49:12 contractors 73:14 convert 86:12 Cooper 2:22 cooperation 56:9 coordinance 25:16 copier 14:11 copies 95:23 Copper 4:17 copy 38:11 74:18 correct 5:19 8:8 11:12 20:24 37:2 61:8 97:10 correspondence 22:21 counsel 5:22 6:13,17, 22 14:1 18:20,20 30:3, 9 41:3 69:4 70:5,18,19 74:15 81:13 97:13,15 counterclaim 69:9 County 2:9 96:10 97:4 couple 14:19 18:6 28:14 48:22 66:11 course 12:16 23:8 27:19 36:17 44:16 45:21 62:6 79:15 85:25 COURT 1:1 4:7,9 5:24 covered 6:3 8:6,9 create 94:15 credit 90:23 Crime 23:11,12,12, 14,15 90:22 criticism 54:25 Cross -Examination 3:1 current 15:9 custom 15:3 17:8 19:2 34:13 customarily 34:10 36:3,5 customary 13:23 19:8 customs 7:21 26:18 48:25 49:3 75:1 <D> Wart 79:9,10,11,13, 16,23 80:11,15 81:11,15,18 82:2,8 83:8,16,19,22 84:5 95:13 date 5:17 20:5 Dated 97:17 David 7:15 31:13 day 4:12 93:6 94:1 96:17 97:17 deal 6:4 48:5 71:15 deals 22:10 December 73:23,25 76:12 decide 8:7 14:10 86:24 decision 620 51:2 74:25 89:19 decisions 11:21 12:23 71:17 declared 20:3 decorative 58:19 59:16 60:23 62:23 Defamation 21:25 22:2 92:11 Defendant 1:9 DEFENDANTS 2:13 5:1 6:17 defense 69:7 defenses 68:11 defensive 67:17 defer 18:25 8423 define 21:10 81:22, 22 defined 24:23 definitely 78:5 definition 21:14 22:6 79:25 definitions 44:18 degree 84:19 delegate 33:18 71:7 77:7 delegated 68:25 70:24 delegating 74:9 delegation 33:25 Delray 71:13 demanding 63:16 demands 58:18 denied 8:2 Department 48:16,25 49:4,18 50:12 51:9 66:19 71:17 89:24 90:14 91:15 departments 71:13 depend 53:7 Depends 70:11 depo 47:22 48:2 DEPOSITION 1:16 4:1,6,13,15 5:8,9, 25 7:12 29:3 47:25 95:6 96:2 97:9 depositions 47:25 describe 12:25 17:24 23:5 described 14:24 67:10 71:21 description 12:12 56:16,18 descriptions 67:11 Design 3:11,17 39:3, 6,24 40:1,5,6, 9,16, 22 41:22 43:4,10 44:1 45:1 46:7 47:6, 8 72:4 79:8 designated 88:3 designation 24:25 71:4 89:21 designations 71:1 desires 27:21 detail 55:15 details 18:7 32:6 deter 65:4 determination 49:24 81:11 determined 12:15 determines 80:23 81:5, 6 Detroit 23:17 Florida Court Reporting (561)689-0999 develop 52:23 development 13:6 Devitt 16:5 dialogs 2923 difference 34:24 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