HomeMy Public PortalAboutScott Morgan Transcript 5/28/15Florida Court Reporting
(561)689-0999
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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
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INDEX
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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
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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
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�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
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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�
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Stream, et al. This deposition is being held at 100
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,bit
_ ommission inutes
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Sea Road, Gulf Stream, Florida, 33483. My name is Bo
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P� ' �""11''fs ExI�jbit.Nu ber 7 .................... 84
17
Copper. I'm the videographer representing Legal
le
Sectjiionse��26ttftioi y��269
is
Graphicworks.
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19
At this time would the attorneys please
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aintiffs P {{}� ed ..........92, line 21 .... --
Composite X I it A
20
announce their appearances for the record.
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MR. O'BOYLE; Jonathan O'Boyle, pro hoc vice,
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22
for the plaintiff.
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23
MR. HANNA: Mark Hanna for the plaintiff,
24
24
Christopher O'Hare.
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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
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area of the RICO, he'll bring it up, or counsel will
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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
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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
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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
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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
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official roles in the Town?
13
A
I had been appointed to the Architectural
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Review and Planning Board, the ARPB. I served as
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Chairman of the ARPB for several years and was on that
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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
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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?
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A
Yes.
11
Q
Did you have any other special legal training
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beyond Juris Doctor?
13
A
No.
14
Q
You do follow and you keep up with CLE
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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
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the state of Pennsylvania is exempted from CLE
22
requirements.
23
Q
Talking more broadly, the Town Commission is
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what form of government for the state of Florida, the
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Gulf Stream Town Commission?
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1 A Municipal.
1
Q And as Mayor, is there any — well, let me
2 Q Right. Is it a Commissioner weak or a
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ask you about what is your role as Mayor?
3 Commissioner strong? Have you heard these terms
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A Mayor oversees the conduct of the meetings.
4
before?
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The Mayor interacts directly with the Town Manager.
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A No.
5
The Mayor represents the Town. The Mayor communicates
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Q The Commission, they are a legislative body?
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with town residents and anyone having business or
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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
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I'm sorry. Are you a Commissioner?
9
things like that. I can't give you an exhaustive list.
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A I am a Commissioner. I serve as Mayor.
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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.
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probably a generic description of a Mayor in this type
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Q Of the Commission?
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community and what their role is and historically what
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A You're elected as a Commissioner. The
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the Mayor's role has been here.
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Commission then elects a Mayor and Vice Mayor.
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Q And is that determined, historically, of
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Q And what are the either official or
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course, by the Commission, by the Commission and the
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unofficial — and you can comment on either/or --
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Town Manager, by sort of everybody, top to bottom?
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duties of the Commissioners?
is
A Well, I think the Town Manager has direct
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A I'm sure I cannot give you all of them. But
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executive responsibilities for the Town. He does any
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my understanding of it would be that the Commissioners
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number of things. I couldn't possibly give you an
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hold hearings once a month to make decisions on things
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exhaustive list of what he does. The Commission rules
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like ordinances, applications for building. We approve
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on a number of those actions, proposed actions and
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or disapprove those. Budget needs to be discussed and
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decisions. Others they do not. The Town Manager has
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passed, resolutions, any number of things that would
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responsibility in and of himself. I don't know that I
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occur under a home rule municipality.
25
can describe it much better than that.
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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
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A All the above.
3
types or categories of actions -- would the Town
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Q With each individual Commissioner?
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Manager bring to the Commission?
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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
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Manager presents matters to the Commission at the
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up a good bit of our time at meetings.
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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.
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Not only the budget, but budget planning, where
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Probably not. If they decide to order a different type
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expenditures should be. I would say those are the two
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of ink for the copier, I suppose that's something that
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main issues that we see come up to the Commission on a
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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
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A -- it's such a broad question that I cite
16
categories for that.
16
that as an example of something we would not
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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
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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
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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
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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.
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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
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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 --
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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
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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:
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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
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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.
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(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
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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
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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
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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
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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
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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
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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
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'-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
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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
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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
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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
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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 -entitled 4:8
above-named 4:8
absent 66:14
accept 50:19
accommodate 66:21
accompli 95:3,11
act 89:25
acting 76:16
action 6:17 62:16
74:19 76:3 97:15,16
actions 12:22,22
133 67:16,17 69:7,
8 87:13 88:1
active 10:2,3,8,20
85:2
Adam 513
add 29:15
addition 36:14
additional 49:21
65:23 66:23 70:22
address 32:11 45:11
adjourned 96:2
ADMINISTRATION
96:6
admitted 10:8
advance 18:10
advancing 68:11
advice 14:1
advised 6:13
advisory 39:15
afternoon 8:20
agencies 73:13,13
agenda 17:14,19
69:15
agendas 18:10
agnostic 53:18
ago 45:8 66:11
agree 8:6 48:6 56:8
92:21 9424
agreed 5:8 76:12
agreeing 92:14
ahead 35:19 52:14,
19 58:4 95:1
al 1:8 4:15
alarm 91:5
allegations 74:23
91:16
alleged 63:15
alleging 90:3
allotments 66:8
allow 51:1
allowing 7:14
amended 89:13
Florida Court Reporting
(561)689-0999
Paee: 7
Amendment 7:25
29:5 84:17
American 31:4, 7
amicable 25:8
amount 20:9
angry 55:23,24
64:20 65:1
announce 4:20
annual 1721 27:23
ANSELMO 2:14
answer 5:16,18
13:22 26:19 33:7,12
42:10 43:3 44:21
50:23 59:5 65:12
94:21
answered 43:1 94:10
answers 24:3 62:5
anybody 30:1 48:20
75:17 86:8,9,11, 15
anymore 51:9
Apologize 80:3
apparently 83:14
95:7
appear 44:7
APPEARANCES 2:1
4:20
appeared 88:17 96:15
appears 61:5
applicant 39:19
applicant's 39:19
application 87:3
applications 11:22
13:5 38:13,19,25
39:16,16
apply 38:22
appointed 9:13
15:15,18,14
appreciate 64:4
appropriate 6:21
25:21 61:24,25 62:7,
8,13,15
approval 50:3 75:9,
18
approve 11:22 87:5
architects 72:3
Architectural 9:13
15:9,10 16:22 35:9
38:6,15 39:6 45:4
52:12 71:23 86:9,18
architecture 72:2
area 5:22 23:13
50:25 51:1 91:9
areas 92:10
ARPB 9:14,15 17:2
34:18 38:9 39:8,13,
15,20 413 42:20
43:20 51:22 79:1,3
87:4,21
arrangements 19:22
arrived 50:18
Art 79:20 80:15,16,
22,23 81:1,5,8
Article 41:22 46:7,12
articles 40:14
asked 27:14 34:19
35:11 46:11 50:6
51:23 60:2 94:9,14,
17
asking 16:17 34:7
46:25 54:4,8,9
60:22 68:14,22 71:1
79:15 83:13 84:21
94:19
aspects 7:7
assist 25:11
assisting 69:6
association 24:17
25:2,3,23,24 27:7,
16,21 28:4
associations 25:6, 7,
10 26:3,3,10 27:14,
14
assume 26:12 27:20
32:16 37:11 44:6
79:2 87:21 88:3
assuming 33:8 45:18
61:10 68:4 71:12
78:25 79:5 80:16
86:13
assumption 95:6,8
attached 4:6 82:22
83:1
attend 66:1
attended 52:25
attention 34:2 35:25
36:4,16 91:13
Attorney 70:8,10
84:23,25 85:1 94:23
97:13,15
attorney-client 68:13
attorneys 4:19 67:16,
21 68:4,9 69:6,20
70:17
attributes 43:18
an 23:20,21 24:7,24
25:2,13,19,22 26:16
27:6 37:22,24,25
38:1
audience 405 46:9,
11 47:4,5,9 88:8
author 57:25
authorities 68:25
71:7
authority 67:9,22
69:4,15,19,21 71:1,
5 96:14
authorized 50:1
67:15 97:8
available 18:5
average 20:15
aware 61:5 79:5
<B>
back 16:17 20:2
21:19 23:9 25:1
28:17 30:23 32:2, 24
39:2,23 41:18,25
50:10 63:1 70:20
73:7 75:22 80:19
92:10,16 93:6,25
background 9:23
71:23
badgering 85:4
ball 18:18
based 26:18 67:24
basic 18:2
basis 6:16 13:13
56:11 65:21 82:6
BEACH 1:2 2:9
71:13 96:10 97:4
beautification 25:12
beautiful 23:2
beautify 25:11
becoming 9:17
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
budgeted 49:21
build 47:7 86:3,24
building 11:22
buildings 66:18
built 24:13
bulk 20:1
bunch 63:5
BURKE 2:14
business 12:6 55:10
buy 86:23
buyers 47:4
<C>
call 14:22 17:18,20,
25 18:5 23:14 25:24
36:8 48:7
called 17:23 43:15
59:15
calling 61:2
calls 37:13
camera 51:23 52:1,
24
capable 45:18 61:11
capacity 59:7
capital 58:18
caption 51:14
car 31:20
care 60:10 93:9,13
carries 41:4 42:4,13
carry 40:23 41:7
42:18 43:2 44:1
48:2
CASE 1:3 5:7,11,13
6:10,22 7:2,6, 7
22:5 29:4,10,12,14,
24 82:6,6 88:21,22
89:11 92:2,9,12
cases 89:8
cat 90:11
categories 13:3,16
categorized 43:11
cause 4:5, 8
certain 24:24 45:13,
13 68:25 95:8
certainly 42:19 90:2
CERTIFICATE 96:6
certified 5:5
certify 96:14 97:7,12
chair 88:8
Chairman 9:15 38:6,
16
challenge 63:1
challenging 243
change 25:13 48:14
50:25 72:3
changed 79:4
changes 2521 59:21
86:5
Chapter 39:9 40:4,
16 41:11 45:2 46:16
character 22:16,23
23:1,4,9,9,16,21
42:20 62:9,13,16
characteristic 47:15
characteristics 24:22,
24 42:21 43:21
charge 72:5
charged 68:10
Charter 19:3 67:10
70:23,25 71:5
Charter's 67:11
check 9020 91:7,10,
12
checking 91:3,4
Chief 36:17,18,22
49:23 50:11,21
81:13 90:24
chilling 94:15
choose 75:7
Chris 29:6 4525
4720 51:18,20,21
52:15 53:5 54:15,17
57:16 58:8 60:9
67:6 77:10 803
82:7 88:24
CHRISTOPHER 1:5
2:17,21 4:24,25
5:10 58:15 94:7
cite 14:15
citizen 59:2
City 70:19 71:13
civic 24:17 25:2, 7,
23 26:2 27:13,16
28:3
civil 7:6
claim 40:19 92:4
claims 68:11 89:14
92:11
clarify 6920 7021
classes 10:15
classification 85:20,
22 86:2,6
classifications 86:1
CLE 10:14,21
clean 58:4
clear 75:23 81:7
Clerk 18:20 27:8
78:13
clerks 17:14 18:3
48:22
clever 45:10
client 69:7 91:17
closed 18:8
Coastal 91:20
Code 25:20 31:23
32:1,3,14,17,19
33:13,16,16,17 34:1,
3,12,12 35:22,23
36:2,6, 7,8 38:7,11,
21, 22, 23 39:5,22
42:18 43:23 44:17,
17,19, 22 45:1,11,12
46:23 47:6 59:18,19
61:21 63:13 64:4,10
66:15,19,25 69:12,
16 79:24 80:24
83:12 85:17 87:12
88:1
collected 63:14
colloquy 6:14 76:6
colors 44:13
come 5:14 13:12,15
34:1 40:3 50:1,15
78:15 87:2 883
90:10,19 919,12
93:6,8
comes 13:8 26:15
3222 33:3 50:12
55:16
coming 7:9 17:15
27:7 6523 86:11,15
comment 11:17
27:18 29:19 40:25
41:1 54:8 84:18
commented 76:12
comments 2720
Commission 3:15
10:23,25 11:6,13,15
12:16,16,21 13:4,12
14:6,7 15:1,5,7
18:1 22:20 25:5, 7,
11 26:1 27:13 29:16
343,11,16,18 39:8,
21 42:17,20 43:20
49:19,22 50:1,12,15
64:1 68:1 71:14
72:7,9 73:23 74:8,
14,19 75:8,18 76:3,
15 77:2,25 87:5
88:7 96:23
Commissioner 7:11
9:5,10,17 11:2,3,8,
9,10,14 14:3,4
28:13 29:16 503
66:7 7022 71:15,22
76:12,23
Commissioners 9:6
11:18,20 13:19,24
14:24 15:8,10 16:18,
20,21 18:3 26:5
35:8,10 56:24 64:9
67:15 70:1 71:6,7
76:11 77:7 78:12,23
793
Commissioner's 17:1
72:25
Commission's 34:2
50:20
committee 25:20
39:15
communicate 1315,
25 14:17,20,20,23,
25 17:9 26:4,10
27:13 63:3 68:16
communicates 12:5
56:19 703
communicating 69:20
70:16 72:18
communications 30:9
Florida Court Reporting
(561)689-0999
community 12:13
23:22 27:9 52:16
53:9
commute 202
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
different 8:4 13:18
14:10 18:6,22,22
23:11 40:14,15
71:13 85:13,15
differing 24:21
difficult 36:13 81:21
difficulties 91:23
difficulty 81:23
dimensional 80:21
81:24
Direct 3:1 8:18
12:18 68:4,6 75:24
directing 31:20
direction 77:1
directions 76:14
directly 12:4 69:12
disapprove 1123
87:5
discouraged 43:18
44:15 45:14,15
46:24
discrepancy 82:4
discretionary 42:22
discuss 13:9
discussed 1123 68:1
74:16
discussion 5:7 41:13
74:7,8 76:4 87:10
discussions 78:12,15,
21
disingenuous 73:1
dispatches 32:23
distinction 89:2
distinguishing 24:14
DISTRICT 1:1,1
districts 24:23 46:13
DIVISION 1:2
divulged 57:10
Doctor 10:12
document 51:17
documents 45:19
82:14
doing 6:18 33:9
49:5, 7 63:7 65:18,
21 72:9 73:14 785,
5 79:3 81:23
door 7:19 18:8
30:12,14
doors 91:7
doubt 24:18 4510
64:23 88:18
dozen 54:18,23
drawn 58:11
drive 32:9 36:13
driven 20:17,18
driving 3110 61:14,
21 62:19,21 83:18
Duces 82:12,17
duly 5:4 96:15
duties 11:8,18 66:23
77:15,16
<E>
earlier 6:14
easier 48:4
East 2:15
education 49:12
EE040490 9613
effect 49:13 94:15
efforts 64:4
either 11:16,17
13:22 15:1 19:1
24:19 25:12 27:7
31:11,20 32:7 36:6,
8 37:4 48:24 50:19
68:11 70:4,16
elected 9:2,5 11:14
elects 11:15
E-mail 27:10 58:11
59:4,9,9,11,12 60:3,
5 61:8 65:21,21,22
82:9
e-mails 60:19 61:9,
12 63:15 65:23
82:23
emergency 19:5,10
employ 18:21
employee 97:13,14
employees 9114
enforced 59:18,20
enforcement 3113
32:1, 3,15 33:14,17
34:1 35:22,24 36:3
6112 66:16 67:1
69:11,16 83:13
87:13 88:1
engaged 56:25
enlarging 66:20
entire 45:11 89:11
entities 22:11
entry 31:3
especially 49:4
ESQ 2:6,10,17,17
essentially 66:18 69:3
et 1:8 4:15
evaluated 2512
evasiveness 35:14,15
everybody 12:17 185
Evidence 21:12,14
39:18
exactly 33:24 40:24
76:16 88:4
Examination 3:1 8:18
example 14:16 16:5
25:13,14,19 36:10
72:4 81:10 86:12
examples 14:19 7714
excellent 43:19
exceptional 90:1
excuse 17:21 57:19
excused 9515
executive 12:19
exemplary 72:17
exempted 10:21
exhaustive 12:9,10,21
Exhibit 3:9,13,15,17,
20 465 47:23 58:4
66:4 80:6,8 84:13
EXHIBITS 3:9 48:3
92:22 95:24
existing 66:21
exotic 18:14
expand 48:15
expansion 66:25
expect 90:2
expending 91:12
expenditures 13:11
expenses 66:9
experience 55:10
expertise 40:16,20
72:1 84:19
Expires 96:24
explain 35:7
explained 54:11
explicit 76:14 77:1
explored 18:12
extent 31:1 33:25
42:18
<F>
facts 5:9 89:20,22
91:17
Fair 8:17 20:8 21:3
23:18 24:9 30:15
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50:6 713 8210
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fairly 20:22 39:7
67:12 69:21
fait 95:3,11
familiar 6:22 18:15
40:8 49:6 50:5
family 20:1 285
46:13
far 17:5, 20 3310
54:13
fashion 72:6
fast 44:19
feature 24:15
federal 7:6 21:11,14
22:9 82:18
feel 27:24 65:14
feelings 56:12
feels 5:21
felt 90:19
fence 381
figure 5:17 77:21
file 4:7 58:17 63:10
75:7, 7,16, 17 84:10
filed 5:14 305 55:2
69:8 73:2,3,5 75:25
88:9
final 69:22 7415
financially 97:16
finding 41:1
findings 42:22
fine 57:9 76:3 87:7
92:16
Fines 88:1
finished 95:14
fire 48:17
fired 48:20,21
Florida Court Reporting
(561)689-0999
firing 48:12 49:23
FIRM 2:4 73:3,8,8
first 5:4 7:25 301,
3 39:1 40:19 51:19,
21 52:2 79:17 84:16
89:12 92:6
fit 62:9,16
fits 13:22 24:8
flag 62:22 63:12
flags 58:19 60:24
62:23 83:4
flash 91:6
flat 8114
flavor 14:21
flippant 14:13
FLORIDA 1:1, 21
2:9,16 4:3,4,16
8:24 10:24 19:24
203 82:18 96:9,23
97:1
fly 67:5
focused 835
folders 87:8 9310
follow 10:14 36:20
followed 37:12 65:22
follows 5:5 58:20
force 40:23 41:4, 7
42:4,13,16 43:2
90:24
foregoing 96:1 97:9
Forget 62:15
form 6:16 10:24
29:21 42:9,14 43:6
52:18 53:1,20 55:4
60:18 61:3 62:11,18
63:23 64:6,16,24
68:8 69:23 72:11
77:9 81:16 843
94:9,21
formal 14:7 26:13
27:3 28:2
Fort 2:16
forth 20:2 44:14
85:17
forward 7:12
found 83:5
Fourth 29:5
framework 33:1
frank 471
frankly 35:16 46:18
89:16
free 73:16
French 80:17
frequency 26:7
frequently 26:4 78:7
87:24
Friday 17:22
friend 34:22,24,25
36:9
friendly 23:3 90:12
friends 16:7 34:17,21
frivolous 88:9,10,13,
15, 17,19 89:8,18,20
91:25
front 5:20 51:14
82:10 93:1
full 19:14,15 71:19
full-time 19:23
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function 33:19,20
functions 77:21
funding 50:1,16, 24
funds 49:19 91:22
further 30:6 66:24
97:12
future 66:9
<G>
Ganger 78:7
gaps 9:21
gather 72:5
general 20:10 23:25
49:9 67:12
generally 17:12
18:21 39:5,16 40:12
81:14
generic 12:12 81:18
geographically 24:13
getting 16:3 22:24
23:25 56:1 89:3
Ginsberg 7:9,15
31:9,13,14 89:17
give 11:19 12:9,20
14:18 21:13 62:5
77:24
given 38:11 67:2,9
69:11,15,19 70:22
89:23 97:10
gives 42:19 43:18,19
giving 45:20 88:17
glance 46:21
GMM 2:6
go 14:4 27:21,22
28:12,15 30:5 35:18
40:4 42:5 49:22,22
52:19 58:4 79:2,20
87:4 90:23 91:6
92:15,23 95:1
goes 8:15 63:1 91:5
going 5:6,15,19,25
6:15,25 7:5,12,18
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65:13,17, 25 73:16
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88:24 92:10,15,19,
20,23 93:17 94:7
Good 8:20 13:7
20:9,24,25 25:8,14,
19 34:17,24
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go -round 39:12
government 10:24
73:13
governments 73:14
governs 43:5
grant 50:3, 7 84:5
Graphicworks 2:22
4:18
great 24:17
ground 8:6
groups 77:12
guess 18:14 19:21
20:9 26:4 31:16
33:25 38:16 48:17,
23 68:3 82:3 86:25
guessing 54:23
guidance 42:19 43:20
guide 41:3
GULF 1:8,21 3:11,
17 4:3,14,16 5:11
8:24 10:25 17:7
19:11,12 20:16 21:5
23:4, 6,12, 22 24:8,
15 27:16 28:3 31:21
39:3,24 41:7,9,22
42:25
43:16
46:7
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53:6
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61:19
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63:5
71:11
74:25
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86:25
91:21
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93:25
95:21
<H>
hac 4:21
half 54:18,23
Hall 32:9 37:17
59:10 60:21 66:20,
21 83:19
hand 93:14 96:16
handed 46:12
handle 30:4 82:16
HANNA 2:10 4:23,
23 5:19 7:3,5 8:5,
12,16 48:6 56:7
60:14 92:14,21 93:1,
4, 9,13,17 94:20
95:15,17,22
happen 19:10 32:21
71:21 87:6
happened 7:10 48:18
65:7 69:17 86:17
happening 27:4
happens 33:7
happy 64:22,23
77:10
harassing 92:13
hard 44:19
harm 55:19
harmed 53:15,16,23
54:8 67:19
hat 28:13
head 46:18 72:25
76:15 77:1 78:3
heading 41:6
headway 7:11
hear 88:10
heard 11:3 18:9
30:2 51:20,21 78:20
85:3 95:12
hearing 29:9 53:10
hearings 11:21
held 4:15 9:7 41:13
87:10
he'll 5:22
hello 91:1
Florida Court Reporting
(561)689-0999
help 22:7 25:10
77:18 93:7
helpful 25:8,9 80:1
helps 47:16
hereinafter 5:5
hesitant 41:2
hesitate 91:7,12
hey 19:4 26:15
hidden 91:9
high 23:11,12,15
higher 8:7
highlighted 57:16
76:4
hire 48:17
hired 48:20,21,22
69:5
hiring 48:11 49:23
66:15 91:23
historically 12:13,15
13:21 34:10,13
History 41:7,9 42:25
43:11,13,16,19 44:9,
10
HOCHMAN 2:14
hold 9:4 11:21 32:6
hollering 8:14
home 11:25 19:24
23:1 31:3 62:22
86:23,25 90:20
91:11
homeowners 25:3, 6,
23 26:3 27:6,14
homes 23:2 72:4
honest 69:2
hooting 8:14
hot 71:18
hours 36:15
house 7:9 29:6
36:11 63:12 85:8,13,
16 86:2,12,13,14
91:6,12
household 28:9
houses 62:20 90:20
91:3,4
hypothetical 71:20,24
72:8 86:22
hypotheticals 86:21
95:7
<I>
idea 27:11 68:23
identification 66:5
80:9 84:14
IDENTIFIED 3:9
84:22
identify 51:24
111 2:17
illustrative 40:18,21
44:22 45:3,9 47:17
imagine 42:4 51:14
immediately 9:19
55:15 90:10,12
immigrants 31:11
important 13:9
importantly 73:9
impressed 91:2
impresses 91:14
inactive 10:6
inappropriate 6:21
52:4,5,10 61:18,13
include 66:25
included 59:10
includes 43:17 83:16
including 6:17 64:3
88:20
incumbent 67:23
independently 48:16
indicate 18:3 27:20
individual 14:3
35:18 71:8 78:12
individually 15:1
16:18 7523
individuals 30:5
inflammatory 64:15
informal 13:23 19:2
78:11,20
informally 34:11
36:17 77:7
information 30:7
51:1 72:5 92:22
infringe 68:12
infringes 5.21
initially 61:7
initiated 37:1,4
ink 14:11
instance 4:7
instructed 82:18
instructing 30:8
insulting 31:9
insults 31:4, 7
intended 94:14,15
intent 45:2
intentionally 55:18
interact 67:15
interacted 16:23,24
interaction 17:1
interactions 17:5.
interacts 12:4
interest 12:7 27:9
interested 97:16
interests 6:23
interject 74:21
interplay 26:25 272
interpret 83:13
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Intracoastal 24:14,19
investigation 36:21
60:1
investigations 37:12
involve 7:8
involved 15:4 25:25
34:11,15
involves 7:7,9
involving 38:1
irrelevant 35:16
issue 7:6 19:9 26:16
41:2 43:12 70:11
92:18
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17,24 8:4 13:12
17:15 25:10,12
27:20 40:2,3 55:13
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job 39:14 56:16,18
75:6
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Johnstown 2:5
Jon 53:24 65:5
JONATHAN 2:6
4:21 5:6 56:5 84:11
jonathanroboyle@gma
il.com 2:6
JR 2:17
judge 5:20 92:7,16
93:2
July 88:7
June 96:17 97:17
Juris 10:12
justify 66:24
<K>
keep 10:14
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kind 46:20 66:22
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14:9,12 15:8,12,17
16:2,3,4,6,7,15,18
17:14 18:7 19:3,6
20:9,11 21:1, 7, 8,13,
17 23:23 24:7,12,22
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32:1,6,13 33:7,9,13,
18, 20, 24 34:9,13,14
35:13 36:5,18 393
40:7,12,20 41:9
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20,24 66:14,22 67:4,
14 68:19 69:13
71:14 72:20,22,24,
25 76:9,18 77:4
78.4, 7,9 79:9,23
Florida Court Reporting
(561)689-0999
Paae: 7
80:13 81:5 82:25
83:14,20 84.4,19
85:4,15,25 86.-3,4,
14 87:12,17,19,20,
23 88.4,14 89:4,19
90:6, 7, 8, 9, 25 91:1,
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knowledge 16:25
17:6 20:13,24 21:1
26:2 31:1,6 35:23
38:7 44:5 48:18,23
50:8 59:19 60:4
71:24 89:16
known 23:6
Koch 16:6 35:22
56:22
Kruger 4:2 96:13,22
97:7,21
<L>
language 58:16
Large 4:3 21:19
52:16
Latin 31:4, 7
Latino 31:11
Lauderdale 2:16
launched 61:7
LAW 2:4 7:22,23
10:1,2 17:8 19:25
40.23 41:4,8 42:4,
13,16,19 43:2 73:3,
8,8 84:18,19
lawful 62:6
lawsuit 69:10 75:8,
17 84:10
lawsuits 6:15 22:2
30:4 55:2 73:2,5
75:13,24 88:8 91:25
lawyer 9:24,25
10:18,10 45:18
61:11
lawyers 70:2 73:9
lay 55:6 84.22
lead 72:5
learn 52:16 78:15
learned 38:21
leave 6:8
left 36:15
Legal 2:22 4:17
10:11 41:1 43.4
67:16 72:9,12 84:21,
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legislative 11:6
legitimate 56:11
letter 3:13 22:21
56:20,25 57:6,10,12,
18, 23, 25 58:2, 7,12,
25 59:1 64:14 833
94:5, 7
letters 56:17 57:2
72:10,15,16
levels 87:3
license 10:1, 2
life 55:21
limited 5:9 31:2
69:25
line 3:9,20 44:19
list 12:9,10,21 58:20
listing 59:4
litigation 35:16
56:13 68:4,6 70:18
73:2 76:15 77:2
79:12,19
little 9:23 13:1
23:10 24:16 35:13
76:8
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55:12 78:10
living 19:21
local 90:13
long 9:7 15:3 19:11,
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62:24 78:10 79:18
look 25:20 32:23
36:23 38:12 40:24
41:10 46:17 57:17
63:11 81:10 83:3
91:15
looked 36:19 44:11
61:11 88:14,19
looking 24:10 29:8
61:15 62:19,24
67:25 80:24 82:4
looks 47:13
lot 6:25 7:11 36:14
55:10 90:22
lots 7:9
Louis 2:17
lump 50:13
<M>
MADISON 2:6
magistrate 5:17
95:19
main 13:12
majority 53:12
maker 69:22 75:1
making 36:12 60:21
61:21 63:19
malicious 91:25
man 17:9 33:16
55:9,17 92:13
Manager 12:4,8,17,
18,23 13:4,19,24
14:5,6 15:1 17:4,9,
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26:5,11,14 27:1,8,
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16,17,18 37:16
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17,24 60:20 69:5
70:11,19 77:14,19
78:13,14,24 81:9
Managers 77:6
Manager's 19:2
26:22
Manual 3:11,17
39-.4,25 40:1,5, 6, 9,
17,17, 22 41:23 43:4,
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72:4 79:8
March 57:19 94:5
MARK 2:10 4:23
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93:7
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80:8 84:13
marking 80:5
matter 4:14 5:10,23
14:8,9 28:18,21
38.3 73:6
matters 13:14 14:6
17:4 72:9,13
Mayor 9:6 11:10,11,
15,15 12:1,2,3,4,5,
5,12 17:2,3, 7, 8,12,
18, 20, 23 18:16 19:4
20.23 27:22 28:13,
15,15 30:3 35:22
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19,22 57:1 60:17
67:3,10,24 69:4,15
70:2,15,21 71:5
72:19,20 74:15
75:23,24 76:14 77:1
82:16 90:15
Mayor's 12:14 56:12
mean 11:7 13:20
14:9,13 15:25 20:11
21:7 22:14,15 24:1
34:6,22 40:7,20
42:16 43:7 44:24
45:4 46:10,12 47:5
49:3,12 52:5,20
54:20 57:3 61:23,25
62:12 63:25 64:17
67:4,9 618:16,23
69:13 71:9,10 72:23
74:21 75:5 76:22
80:20 81:23 86:17
meanings 21:9
means 21:8 45:6,9
Mediterranean 85:9,
19 86:12,23
meet 44:18 72:2
77:11,12
meeting 17:16,21,25
18:1,4,5,12,23 19:5
22:20 27:22,23
51:22,25 52:1 66:2,
7,15 68:2 69:14
73:24 74:10 76:13,
17, 22, 23 77:4 88:7
meetings 12:3 13:7
14:7 15:2 17:12,18,
19, 20, 22 18:7,8,10,
15 26:14 27:17
28:11,15 29:11,17,
19 50:22 52:25
68:24 74:15 76:25
member 28:1,3 41:3
members 38:8 71:8
79:3
mention 37:17 51:12
82:8
Florida Court Reporting
(561)689-0999
Page:'B
mentioned 29:10,18
51:15 54:24 68:24
89:13 94:6
mentions 83:4
merely 40:18 68:3
met 16:6 52:2
methodology 49:8
mhanna@g3mlaw.com
2:11
middle 82:1
MIDDLEBROOKS
1:3
mind 55:16
Minutes 3:15 35:12
74:12,17 80:5
misguided 55:11
modus 63:2
money 73:12
month 11:21 17:22
monthly 17:21 18:1
morale 91:23
MORGAN 1:17 3:1,
13 4:1,14 5:3,15,21
8:20,23 41:21 76:14
77:1 96:14
motion 69:9
motivation 65:9
move 5:23 6:10
35:17 36:25 56:4,8,
10 73:15 84:9
moved 20:1
moving 52:14 75:13
Municipal 11:1 73:13
municipalities 73:13
municipality 11:25
23:2
MURDOCH 2:14
myriad 13:15
<N>
name
4:16 8:22
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names
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narrow 22:13
nature
89:24
necessarily 33:6
52:10
64:21 84:7
need
19.5 24:4,4
30:16
65:14 75:6
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needed 90:9
needs 11:23 33:22
neighborhood 24:8,
12,16, 21, 22, 25 47:15
neighbors 233 2532
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never 20:17 22:2
28:11,20 34:15
37:11 51:25 71:21
84:20 86:6
new 48:1 58:16
59:17 73:15 79:11
nice 23:3
normally 46:23
Notary 4:2 96:23
noted 47:11
notice 4:5 83:25
84:1
November 91:19,20
96:24
Number 3:9,13,15,
17 5:11 6:14 11.24
12:8,20,22 13:15
17:4 28:23 29:10
30:4 48:2 49:25
50:18 53:12 59:10
60:20 61:9,12 66:4
69:25 80:8 84:13
85:17 96:23
numbering 48:1
numbers 49:21
numerous 38:18
<O>
OATH 96:6
object 42:9,14 43:6
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18 613 62:11,18
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8,16, 25 83:10 843
94:9,21
objecting 59:14
objection 88:25 89:9
94:20
objectionable 83:6
objective 21:16
objectively 21:16
objects 79:21 80:15
objet 79:10,23 81:11,
18 82:2 84:5 95:13
objets 79:9,11,13,16
80:11,15 81:15 82:8
83:8,16,19,22
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observation 26:24
obvious 20:22 81:8
obviously 29:2 42:17
61:14 84:2
occasionally 33:10
403
occasions 36:6
occur 11:25 86:22
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occurred 33:22
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occurs 70:17
Ocean 55:12
odd 76:7
offense 45:23
offensive 67:17
office 9:7,9 32:2
90:6
Officer 7:9 29:5
31:9,13,15,19,24
33:14 36:23 51:4
83:13 89:17 90:9
officers 32:12,14
51:9 64:3 66:16
90:2, 24
official 9:2,12 11:16
48:24 59:7 87:14
96:16
officially 32:4
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70:20 76:25 78:18
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28:16 30:11,18
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open 25:8 30:12
Florida Court Reporting
(561)689-0999
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Florida Court Reporting
(561)689-0999
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Florida Court Reporting
(561)689-0999
requisite 87:3
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Florida Court Reporting
(561)689-0999
speaks 21:12 29:19
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Florida Court Reporting
(561)689-0999
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training 10:11 49:11,
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transcript 97:9
transcription 97:10
trash 36:14
tree 90:11
trial 21:20,22,23,25
tried 38:24 55:18
59:16 77:24
tries 18:4
true 69:24 84:7
95:3 97:9
truly 41:1
truth 5:4
truthfully 6:8
try 5:25 13:1
Trying 22:6,12
33:11 43:23 45:10
62:2,5 63:3 77:20
90:14,15
two 13:11 57:6
66:15 76:5 81:24
type 12:12 14:10
18:22 21:11 44:12
types 13:2,3 18:6
82:25 85:13,16
typically 27:17,21
70:2,4, 15 86:22
91:8
<U>
U.S.0 21:23
Um-hmm 47:13 83:9
uncomfortable 6:19
undersigned 96:13
understand 6:24
7:22 9:25 16:8,9,11,
12 355 39:9 46:13
52:15 55:1,12,21
59:12 60:8 63:13
77:20 92:15
understanding 11:20
18:2 20:12 32:7
43:21 89:24
undertaken 86:9
unexpectedly 58:15
unfair 53:14
unhappy 94:7 95.5
UNITED 1:1
unlawful 64:13
unofficial 11:17
unofficially 32:4
unordinary 18:1
unreasonable 61:6
unusual 40.4 51:25
52:7, 8 78:4,11
unwritten 49:2
Upset 55:25 94:18
usages 7:21 75:1
use 14:25 16:2
17:11 27:2 47:16,25
70:3,14 89:20
<V>
vacation 19:19 91:11
vague 29:4
various 29:10 85:24
vehicles 36:12
versus 4:14 5:10
vice 4:21 11:15
Vice -Mayor 78:7
video 4:11 51:22
52:1,24
VIDEOGRAPHER
4:11,17 30:19,23
41:14,18 95:20
VIDEOTAPE 1:16
4:1,13
view 21:16 24:19
50:20 55:11 61:6
84:6
violates 90:3
violation 32:10 33:21
36:6, 7 80:25 81:2
violations 29:5 32:15,
18,20 34:4,12,12
35:22,24 36:3 61:15
63:15 64:5,10 65:24
violative 59:15,24
virtue 53:16
visible 80:11 81:2
83:10,17
voted 72:20 79:6
vs 1:7
<W>
waived 93:2
want 6:4 7:15 8:13
16:23 24:7 25:24
35:18 42:1 47:20
63:19 65:24 67:22
68:18 71:15,16 73:7
85:6 86:12,24 89:7
93:1, 7 94:2,4 95:23
wanted 17:25 30:4,
12 50:2 59:13,18
85:7 86:5 92:23
watch 6:11
way 9:24 13:18
24:20 25:9 33:9,10,
11,11 49:5,6 56:20
70:8 71:21 82:5
83:22 85:6 86:2,22
87:12 90:23
ways 8:15
weak 11:2
wealthy 22:16
week 36:10
weeks 66:11
weight 42:19
welcome 70:1
Florida Court Reporting
(561)689-0999
Well 6:12 12:1,18
14:18 15:16 16:7,17
19:24 22:8,25 25:3
27:12,16 28:14 32:2
33:6 34:5,22 35:5
39:1,13 43:15 45:23
46:12,22 47:12
53:11 54:16,22
55:13,20 56:1 62:3
66:3 67:11,13 68:5,
13 71:6 72:10,23
73:6, 8 76:7,9,21
77:19,22 78:6 79:20
80:18,24 81:7,21,25
83:12 84:9 86:20
88:21 89:1 91:5
92:6 93:15
went 42:1 52:12
63:14 72:24 94:11
We're 4:11 5:19,25
7:19 14:18 30:13,19,
23 41:14,18 56:4
72:3 73:18,20 75:13
89:3 90,20 92:9,10,
14,19, 20
WEST 1:2
we've 6:3 18:9
67:24 76:7
White 71:15,22
wife 28:6
William 2:21
Willie 65:12
windows 44:13
winter 19:19
WITNESS 3:1 6:12
7:3 22:8 30:16 42:7,
15 43:7 52:20 53:21
54:4 56:3 57:18
60:19 61:4 62:12,19
63:24 64:8,17,25
68:9 69:24 72:12
74:22 75:4 77:11
79:20 80:10 81:17
84:4,22 89:10 94:11
95:2,25 96:16 97:11
woman 17:10
wonderful 24:16
89:25
word 14:25 16:2
17:11 21:8 27:2
14
40:22 47:16 89:20
95:11
work 32:3 39:22,24
69:4,11 73:14
worked 51:10 67:21
workers 31:5, 7,9
36:12
working 74:15
works 6:12
workshop 66:2, 7
world 84:6
wrap 93:5,24
write 57:2,23
writing 56:17,25
57:9 61:1
written 58:25
wrong 31:12 61:9
64:9,13 86:16 89:21
wrote 58:25 94:5
<Y>
yard
82:1
yards
23:2
year
9:10 15:5, 6
20:1
34:16 87:24
years
9:15,16
yelling 8:13
Florida Court Reporting
(561)689-0999
13