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HomeMy Public PortalAboutGarrett Ward Transcript 6/22/151 (Pages 1 to 4) Florida Court Reporting 561-689-0999 Page 1 Page 2 UNITED STATES DISTRICT COURT 1 APPEARANCES: FORTHE SOUTHERN DISTRICT OF FLORIDA 2 OMMIMADISON PA. 1 South C000ty Rood, 03272 WEST PALM BEACH DIVISIONW 3 Palm aph,dFloPnIN334eo CASE NO. 9:13-CV-81053-MIDDLEBROOK/BRANNON 4 mhaov.©g3ndow.cvn BY: MARK J. HANNA. ESQl11RE CHRISTOPHER F. O'HARE, 5 A etmRE Plaintiff, vs'^^t^, C77 riC<�1��G 6 PIPER d: HOCHM.AN.PA. PIPERJOHNSON.ff HMAN. PA. NIS E& Sunsise BaJeva00 d, Suite 10 TOWN OF GULF STREAK et al., M, 7 Fort Leududdc, Florid. 33303 Counsel forthe Defendant Defendant. B sbusrs dj.mbg.,.. / BY: CHRISTOPHER J. STEARNS, ESQUME 9 ALSO PRESENT O'Hve 10 .Tlash:Christopher Nalun H. Thrnhe.Rownre Louis L. Rocdtt,111, FSquire _._ ix VIDEOTAPE DEPOSMON OF CHIEF GARRETTWARD 12 TAKEN AT THE INSTANCE OF THE PLAINTIFF 24 - - - INDEX is WITNESS PAGE Gulf Stream, Florida i4 CHIEFGARREtiWARD Monday, June 22, 2015 17 10:46 am. 1233 p.m. Dirsd Eaaviv+fi bt'h4.Huw 3 1B 19 t.0 21 E%HIBITS.WbitKMIFlCA12 PAGE 12 lf. io 12 (Nmi dep st (Nviu ofdepouliov doer tecum) 23 Pt71112sEfros 22 24 (fi2ulfStrtafsomCs= Dwartwfit) N GuHstream P.H.u Oep.mmeoQ 25 Page 3 Page 4 1 The videotape deposition of CHIEF GARRETT 1 MR HANNA: I asked for professional. Yeah, 2 WARD was taken before me, MARY ANN HENGSTLER, 2 I know. 3 Registered Professional Reporter, RPR-CP, Notary 3 MR STEARNS: Okay. Thank you. Great. 4 Public, State of Florida at Large, at 100 Sea Road, in 4 MR HANNA: I'm not going to ask for his 5 the City of Gulf Stream, County of Palm Beach, State of 5 residence. 6 Florida, beginning at the hour of 10:46 am, on 6 MR STEARNS: All right. I thought 1 heard 7 Monday, June 22.2015, pursuant to Notice filed herein, 7 that. 8 at the instance of the Plaintiff in the above-entified 8 MR. HANNA: No, I said professional address. 9 cause pending before the above-named Court 9 MR STEARNS: I was going to start throwing 10 --- 10 things. Go. 11 THEREUPON, 11 MR. HANNA: No more interruptions. How dare 12 CHIEF GARRETT WARD, 12 you, sir. 13 being by me first duly sworn to testify the whole 13 BY MR. HANNA: 14 truth, as hereinunder certified, testified as follows: 14 Q. Now you knocked me off. 15 DIRECT EXAMINATION 15 Have you ever given a deposition before? 16 BY MR. HANNA: 16 A. Yes. I don't remember when. WE been quite 17 Q. Can you tell us your name. 17 some time. 16 A. Garrett Ward 18 Q. Okay. You remember the riles. I'm going to 19 Q. What is your professional address? 19 ask you some questions. You answer to the best ofyour 20 A. 246 Sea Road Gulf Stream, Florida 20 ability. Ifyou could wait until I'm done asking my 21 Q. And what is your occupation? 21 question before you answer, even if you know what I'm 22 A. Police o IT—Police Chief. 22 going to be asking you. Court reporter's taking 23 MR STEARNS: Whoa, whoa I'm Sorry, I just 23 everything down and she'll get upset and probably throw 24 was not — I missed that question. His record is, 24 Something at me if we talk over each other. 25 or his address is protected by a privilege. 25 A. Okay. 1 (Pages 1 to 4) Florida Court Reporting 561-689-0999 2 (Pages 5 to 8) Florida Court Reporting 561-689-0999 Page 5 Page 6 1 Q. If you don't understand a question I'm asking 1 predecessor retired, and I was appointed to the 2 you, ask me to rephrase it, because there's going to be 2 position of Chief. 3 quite a few of those I'm sure. 3 Q. Okay. So how long have you been in law 4 If you answer the question. we're going to 4 enforcement? 5 presume that you understood that: does that sound fair? 5 A. 46 years. 6 A. Sure. 6 Q. Do you know an Officer David Ginsberg? 7 Q. Okay. Where do you currently work? 7 A. Yes. 8 A. Gulf Stream Police Department. 8 Q. How do you know him? 9 Q. Okay. What is your position? 9 A. He worked for me previously here in Gulf 10 A. Chief of Police. 10 Stream. 11 Q. When did you become Chief? 11 Q. Okay. Did you know him when you were a New 12 A. 2000 —1 think it was June of 2000. 12 York City police officer? 13 Q. Okay. Where did you work before that? 13 A. I did. 1, I knew him. 14 A. In New York City. 14 Q. Okay. 15 Q. What was your position in New York City? 15 A. That's about all. We weren't socially 16 A. Police officer. 16 friendly. 17 Q. Can you just give me a little detail of your 17 Q. You weren't partners? 18 education, training acid experience as a police officer? is A. No. 19 A. Well, I attended the police academy in New 19 Q. Did you work in the same precinct or anything 20 York. And during the course of my career there there 20 like that? 21 was ongoing training. 21 A. No. 22 1 retired from there in 1988 and started here 22 Q. Just generally knew each other? 23 in Gulf Stream the same year. Hired as a patrol 23 A. Yes. 24 officer. I was appointed Deputy Chief about two and a 24 Q. Okay. What is the structure of the Gulf 25 half years later, and sen ed as Deputy Chief until my 25 Stream Police Department? Lieutenant, Sergeants? Page 7 Page B 1 What's the — 1 And the vendors —the do that because there are a lot 2 A. Yeah, we have the Chief, Lieutenant, second 2 of fly-by-night contractors of course, and when they're 3 in command. and then two Sergeants. 3 registered, we know that they have a license. we know 4 Q. Okay. How many road officers? 4 that they have proper insurance, things of that nature. 5 A. Eight. 5 So if there's a problem we can catch up with them if 6 Q. How many officers are on duty atone time? 6 need be. 7 A. There are always no less than two palm[ 7 Q. Okay. When did -- does Gulf Stream have a 8 officers. 8 designated Code Enforcement Officer? 9 Q. Okay. 9 A. No. 10 A. Sometimes three. And then during the 10 Q. Okay. Are all the police officers designated 11 daytime. I'm here and Lieutenant Allen is here. during 11 Code Enforcement Officers? 12 the week. 12 A. Well, they're not officially designated but 13 Q. And what are the duties of the police 13 it's part of their duties. 14 officers in Gulf Stream? 14 Q. Okay. When did that go into effect? 15 A. Well, their responsibility is, is to protect 15 A. Many years. Long before I was here. 16 the lives and property of the citizens of Gulf Stream. 16 Q. Okay. Now does Gulf Stream have a policy 17 Q. Okay. Now are they also, is there some code 17 about checking houses of people that are away on 18 enforcement aspect to their duties? is vacation? 19 A. Yes. 19 A. Yes. sir. 20 Q. Okay. What, what does that involve? 20 Q. Okay. What is that policy? 21 A. Primarily the vast majority of violations 21 A. When someone is going to be out of town — 22 that we deal with arc unregistered vendors. 22 Q. Right. 23 Q. Okay. 23 A. -- they can call us and request that we put 24 A. And work hour and workday violations. These 24 them on our extra watch list. And the officers will f 25 we things that arc quality of life for the citizens. 25 check the property, walk the property and make sure 7 2 (Pages 5 to 8) Florida Court Reporting 561-689-0999 3 (Pages 9 to 12) Florida Court Reporting 561-689-0999 Page 9 Page 10 1 everything is secure. 1 look like? 2 Q. And is that only when they're put on the 2 A. They're blue, white, blue stripe with a 3 list? 3 number on it. 4 A. Well, they have, they have to contact us to 4 Q. Okay. And what does the number designate? 5 let us know that they're going to be out of town of 5 A. We keep a record of who that number 6 course. 6 corresponds to. 7 Q. Right. It's something, though, that's 7 Q. Okay. And how long has Gulf Stream had the 8 voluntary, the person actually calls, contacts the 8 stickers for vehicles? 9 department? 9 A. Again, long before I came here. 10 A. Yes, sir. 10 Q. Okay. Are there any other policies — did 11 Q. And -- but it's not something that the 11 they have those kind of policies in New York City when 12 officers just decide if somebody's out of town? 12 you were a police officer there? 13 A. No. 13 A. Vehicle stickers? 14 Q. Okay. Also, does Gulf Stream issue stickers 14 Q. Yeah, vehicle stickers or, like, checking 15 for vehicles? 15 homes - 16 A. Yes. 16 A. No. 17 Q. What's the purpose of the stickers? 17 Q. — vacation? 18 A. To identify vehicles as belonging to 16 A. No. 19 residents of Gulf Stream. 19 Q. Are there any other policies that Gulf Stream 20 Q. Okay. 20 has that are different from or that you didn't see in 21 A. For various number of reasons. One being 21 New York City? 22 that if we see a car parked some place that might alert 22 MR. STEARNS: Sorry. 23 our suspicion, as long as we know that's a resident, 23 MR. HANNA: I know when I asked it so... 24 then we are less concerned. 24 THE WITNESS: Yeah, I don't know. That's... 25 Q. Okay. What kind of— what do the stickers 25 You know, policies are, are peculiar to individual 3 (Pages 9 to 12) Florida Court Reporting 561-689-0999 Page 11 Page 12 1 departments. So they — 1 that you use for radio communication? 2 BY MR HANNA: 2 A. Yes. 3 Q. Yeah. 3 Q. Okay. Are they standard codes or are they 4 A. You know, that would be a very difficult 4 specific to Gulf Stream? 5 thing to respond to. 5 A. Pretty standard. We, Delray Beach dispatches 6 Q. Well, who sets the policies for your 6 for us. 7 department? 7 Q. Okay. 8 A. I do. a A. So we use the same codes. 9 Q. Okay. And who do you report to in the Town 9 MR. HANNA: Mark this as, what are we on? 10 chain of command? 10 THE REPORTER: You going fi'om the last one? 11 A. The Town Manager and Commission. 11 MR. HANNA: Yes. Duces lector. 12 Q. Okay. Does the Town Manager play any role in 12 MR. STEARNS: Okay. 13 setting the policies? 13 (Plaintiffs Exhibit K). 14 A. No. Not to any extent. When we — in the 14 BY MR. MANNA: 15 event that I'm going to institute a policy that he 15 Q. Can you take a look at Exhibit K. The third 16 should be aware of, I inform him. 16 page is the important one. 17 Q. Now are there policies in effect regarding 17 MR. STEARNS: As he's a Town employee, IT 18 certain types of calls by, for a police officer? For Is answer it for him. The documents that you've 19 example, a burglary, is there any requirement that an 19 sought are Town records. He's not a Town records 20 officer calls for backup? 20 custodian; doesn't possess any. That's why he 21 A. On a burglary call? 21 hasn't brought anything specific. 22 Q. Yes. 22 MR HANNA: Cut to the chase, then. 23 A. Yeah, if there's a burglary, we, we generally 23 MR STEARNS: Yes. 24 do backup. 24 MR IIAN'NA: You can close that. We have our 25 Q. Okay. And does Gulf Stream also have codes 25 answer. 3 (Pages 9 to 12) Florida Court Reporting 561-689-0999 4 (Pages 13 to 16) Florida Court Reporting 561-689-0999 Page 13 Page 14 1 BY MR. HANNA: 1 Q. Why do they have the cell phones as opposed 2 Q. Did you review anything before you came for 2 to just using the radio? 3 your deposition today? 3 A. Well, it's a, it's another means of 4 A. No, I didn't. 4 communication. 5 Q. Okay. And you were present for other 5 Q. Okay. Now you keep a radio log for radio 6 depositions that we've taken in this case? 6 communications between dispatch and the officers; isn't 7 A. Yes. 7 that correct? 8 Q. Okay. Why did you attend those depositions? 8 A. A radio log? 9 A. To get a sense of what was going on with the 9 Q. Like a log or some kind of activity log for 10 case. 10 radio calls? 12 Q. Okay. Were you instructed by anybody to 11 A. 1 don't keep that. 12 attend? 12 Q. No, you don't. The department does. I'm 13 A. No. 13 referring to your department. 14 Q. Okay. Now regarding the police officers in 14 A. Dispatch does. 15 Town of Gulf Stream in 2011, were they issued radios? 15 Q. Is there any kind of log kept regarding use 16 A. Yes. 16 of the cell phones? 17 Q. Okay. Also cell phones? 17 A. No. 1 B A. Yes. 18 Q. Okay. Do you attend all the Town Commission 19 Q. How does it work with the cell phones and the 19 meetings? 20 radios? What were the — why were they given cell 20 A. Yes. 21 phones? 21 Q. Is that something that's apart of your 22 A. The radios are assigned — 22 duties? 23 Q. Okay. 23 A. Yes. 24 A. — specifically to officers. The cell phones 24 Q. What are your duties for the Town of Gulf 25 are not, they're used by who's ever working. 25 Stream Police Department? Page 15 Page 16 1 A. To manage the police department. 1 What to do, what not to do, that type of thing. 2 Q. Okay. Can you be a little bit more specific? 2 Q. Okay. And who created that manual? 3 A. Well, I set policies, maintain the department 3 A. Well, we, what we do in, in the Palm Beach 4 structure, provide training. 4 County Chiefs Association, is we decide on a manual 5 Q. Okay. Now if the Town enacts a new 5 that someone else is using that best fits the 6 ordinance, are you responsible for instructing your 6 individual agency, and then we modify it to conform to 7 officers, officers on that? 7 our needs. And that's how most of the agencies come by 8 A. Depending on whether or not it affects us. 8 a policy manual. 9 Q. Okay. And how do you go about doing that? 9 Q. Okay. Now is therejust one copy of that 10 A. I generally provide them with a copy and have 10 manual or is that handed out to all the officers? 11 them familiarize themselves with it. 11 A. Every officer has one. 12 Q. Okay. Now do you also set policies regarding 12 Q. Okay. And when a new officer is hired, what 13 the new ordinance that's in effect? 13 kind of training arc they given regarding the policies 14 A. Well, I don't know policies. Probably 14 and procedures of Gulf Stream? 15 procedures. They generally don't require a lot of 15 A. Well, they're —the training is field 16 study or information. They're generally very simple. 16 training. 17 Q. Okay. 17 Q. Okay. 18 A. As far as our responsibilities toward the 18 A. Which is the best way to acclimate people to 19 ordinance. 19 what needs to be done and how we do it. And the policy 20 Q. Do you have a policy manual? 20 is this thick, so we don't expect anyone to commit it 21 A. Yes. 21 to memory. I certainly haven't. 22 Q. Okay. And what's in that policy manual? 22 Q. So it's about-- is it a binder? 23 A. Well, it's all of, all of the procedures and 23 A. Yes. 24 policies related to aspects of law enforcement, how to 24 Q. Okay. And it's about four inches thick? 25 proceed, Trow to, how to deal with various situations. 25 A. Yes. 4 (Pages 13 to 16) Florida Court Reporting 561-689-0999 5 (Pages 17 to 20) Florida Court Reporting 561-689-0999 Page 17 Page 18 1 Q. Okay. How many pages do you think are in it, 1 And it depends on the individual himself, how he, how 2 just an estimate? 2 he adapts. 3 A. Several hundred. 3 Q. Okay. Now you were present for officer, 4 Q. More than a ream of paper which has 500 4 former Officer Ginsberg's deposition? 5 sheets? 5 A. Yes. 6 A. Maybe not quite that many. 6 Q. Do you recall that? 7 Q. Now with the training of the new officers, is 7 A. Mm-hmm. e that something, you said there's field training. What a Q. Did you hire him? 9 does that consist of? 9 A. No. 10 A. The field training officers are our 10 Q. Okay. What was your position when he was 11 Sergeants, and Lieutenant Allen walks them through the 11 hired? 12 administrative responsibilities and procedures within 12 A. Deputy Chief. 13 the station, where things are kept and how they can 13 Q. And after you became Chief -- well, Officer 14 access various information. And the Sergeants take the 14 Ginsberg— strike that. 15 new officers into the field, make sure that they adapt 15 Officer Ginsberg testified that he was the 16 to the geographies and how we respond to calls, various 16 designated Code Enforcement Officer. Was that your 17 types of calls and traffic stops and things of that 17 understanding? 18 nature. 18 A. Yes. 19 Q. And how long does that field training last? 19 Q. Okay. Who is the designated Code Enforcement 20 A. It depends on the individual. We—ifwe 20 Officer now? 21 hire someone who has been a police officer locally, he 21 A. We dont have one. 22 has an advantage over someone who comes from out of 22 Q. Okay. When did that, when was that position 23 state. 23 eliminated? 24 Q. Okay. 24 A. When Officer Ginsberg retired. 25 A. So it could take longer for that individual. 25 Q. Okay. Why was officer— who decided drat Page 19 !Page 20 1 Officer Ginsberg would be the designated Code 1 A. He was getting ready to retire. 2 Enforcement Officer? 2 Q. Okay. And because of being part-time, that's 3 A. Well, there was a lot of construction going 3 why he was selected as code enforcement? 4 on and things of that nature. The Town Manager 4 A. (Witness nods head). 5 requested some assistance, and that was the arrangement 5 Q. Did he receive any kind of training for that 6 that we agreed upon. 6 position? 7 Q. Okay. And what was your role in selecting 7 A. No, not really. 8 Officer Ginsberg as the Code Enforcement Officer? 8 Q. Okay. What kind of training do the officers 9 A. Well, he was retiring from his full-time 9 get regarding code enforcement, in general? 10 position here. 10 A. Just the exposure to the things that we deal 11 Q. Okay. 11 with routinely, as I mentioned. 12 A. And was going to work part-time. And that's 12 Q. The unauthorized contractors and the 13 why we, we did that, because the Code Enforcement 13 licenses? 14 Officer only works days. 14 A. Right. 15 Q. Okay. 15 Q. Okay. Do the officersdo any kind of 16 A. And so we couldn't, we couldn't use him on 16 inspection of building sites? 17 late shifts. 17 A. They, they can on occasion. Sometimes the 18 Q. Okay. is Town Manager requests that we look at certain things on 19 A. So it, it reduced his value to us, but at the 19 building sites and construction sites. 20 same time he was doing something that was deemed to be 20 Q. Okay. Now does code enforcement — Officer 21 important. 21 Ginsberg, when he was the designated Code Enforcement 22 Q. Well, so, he was going to be retired or, you 22 Officer, did that include investigating or enforcement 23 said retiring? 23 of the building code or the zoning code? 24 A. He, he want from full-time to part-time. 24 A. I wouldn't say so. Other than that which was 25 Q. Okay. Why was that? 25 directed by the Town Manager. 5 (Pages 17 to 20) Florida Court Reporting 561-689-0999 6 (Pages 21 to 24) Florida Court Reporting 561-689-0999 Page 21 Page 22 1 Q. Okay. And while he was on duty as the 1 Q. Okay. 2 designated Code Enforcement Officer, Has he also 2 A. And they can also write their reports on 3 considered a police officer for the Town? 3 laptops in the, in the patrol vehicles. 4 A. Yes, sir. 4 Q. And is that the same, was it the same in 5 Q. Okay. Arc the police officers for the Town 5 2011, four computers and the ability to handwrite the 6 on duty 24 hours a day? 6 reports? 7 A. Well. they are when they're within the 7 A. No. The ability to write the reports was 6 geographical area of Gulf Stream. a established, in the cars — 9 Q. Okay. There was an incident at a property 9 Q. Yeah. 10 owned by Christopher O'Hare on October 28th, 2011, with 10 A. -- was established in, I think, April of 11 Officer Ginsberg. Were you involved in that incident? 11 2014. 12 A. No. 12 Q. Okay. Why was that? 13 Q. Okay. What —after the incident, did you 13 A. We had gone to a new police database which 14 become involved with the report and the subsequent 14 was web based. And so they could access it. 15 investigation? 15 (Plaintiffs Exhibit L). 16 A. I read the report. 16 BY MR. HANNA: 17 Q. Okay. Do you always read the reports? 17 Q. Would you take a look at that, what's been 18 A. Yes. 18 marked as Exhibit L. 19 Q. Okay. When — now when an officer does a 19 MR. STEARNS: Before you get loo far into 20 report, do they use their own computer or is there a 20 this, Mark. I'm going to instruct him not to 21 department computer? 21 answer questions that are, that he would have had 22 A. They use a department computer. 22 internally post receiving notice of a potential 23 Q. Okay. How many computers docs the department 23 claim from an attorney so... I'm not sure — if you 24 have? 24 want to talk about any communications he had with 25 A. We have four in the station. 25 O'Hare or you guys, that would be fine, but Page 23 Page 24 1 internal communications are not okay. 1 A. Mm-hmm. 2 MR. HANNA: So you're talking about any 2 Q. Is it something that, anything that's 3 conversations or investigation he had with Officer 3 directed to you in, to the department, is that 4 Ginsberg about the incident? 4 something that's given to you directly? 5 MR. STEARNS: Anything that would be related 5 A. Yes. I'm not saying I didn't receive it. 6 to this letter, yeah. 6 I'm just saying I don't recall receiving it. 7 MR. HANNA: Okay. 7 Q. Okay. Would that type of letter be something 8 MR. STEARNS: Because that would be clearly 8 that would be -- is there any kind of record that that 9 notice of a potential claim, and that would be an 9 would be entered into? Is it filed or do you dispose 10 investigation. 10 of these types of letters? 11 MR. HANNA. Just for the record, l disagree, 11 A. I,1— well, I don't know. I might have it. 12 but I understand what you're saying. 12 Q. Okay. Well, basically any mail that you get 13 MR. STEARNS: Okay. Cool. 13 from the department, for the department, is that 14 BY MR. HANNA: 14 something that is filed? 15 Q. Have you had a chance to take a look at that? 15 A. Depending on what it is. 16 A. Yes, sir. 16 Q. Okay. Well, okay. If you get the realtoes, 17 Q. Okay. That letter is dated June 12th, 2012. 17 Ijust made a big sale, brochure, I'm assuming you guys 18 Do you recall receiving that letter? 18 don't keep that kind of thing? 19 A. I do not. 19 A. No. 20 Q. Okay. 20 Q. Something like this from a Carter Law Firm 21 MR. STEARNS: So it might be moot. 21 referring to a specific incident, would that be 22 MR. HANNA: Yeah. 22 something that normally would be maintained? 23 BY MR. HANNA: 23 A. Yes. 24 Q. All right. And that letter is directed to 24 Q. Okay. Now regarding the incident on 25 you as the Police Chief? 25 October 28, 2011. You said that you reviewed Officer 6 (Pages 21 to 24) Florida Court Reporting 561-689-0999 Page 27 1 Page 28 1 Q. Okay. And those were actual reports that had 2 been filed? 3 A. Yes. 4 Q. Okay. Do you recall how — what time period 5 in relation to October 28th those reports had occurred? 6 A. I believe shortly before. 7 Q. Okay. And was anybody ever apprehended for 8 the attempted burglaries? 9 A. No. And what happened was they were both 10 called in as burglaries. 11 Q. Okay. 12 A. And upon our investigation, it was determined 13 that they weren't burglaries but it was criminal 14 mischief. 15 Q. Okay. 16 A. Where someone had entered the property and 17 taken ornamental statutes and things of that nature and 18 thrown them at the house breaking windows and causing 19 some considerable damage. Once we got ahold of the 20 owners and went into the house and everything, it was 21 determined that nobody had entered. 22 Q. Okay. 23 A. And there was nothing missing. So they were 24 reclassified as criminal mischief. 25 Q. And when did those occur; what time of the 1 day? 2 A. We don't know. They were found by 3 caretakers. 4 Q. Okay. 5 A. So we don't know when it occurred. 6 Q. Do you know -- did you ever find out why 7 somebody was throwing ornaments at the, at the house'? 8 A. No, I don't think it was anything personally 9 directed at the owners of the property. 10 Q. Okay. 11 A. I think it was just a vandalism -type spree. 12 The houses were only a few houses apart from each 13 other, and more than likely the incidents occurred on 14 the same day. 15 Q. Now did you do any kind of interview with 16 Officer Ginsberg regarding the October 28th, 2011, 17 incident? 18 A. No. Not that I recall. 19 Q. Was there any reason why you would do one? 20 A. No. 21 Q. Okay. What action was taken by the 22 department as a result of that October 28th, 2011, 23 incident? 24 A. What action? 25 Q. Yeah. Did the, did the police department 7 (Pages 25 to 28) Florida Court Reporting 561-689-0999 Page 25 Page 26 1 Ginsberg's report? 1 Commissioners call you, you know what's going on? 2 A. Yes. 2 A. Yes, sir. 3 Q. Okay. When did you review his report? 3 Q. But when an officer writes a report, a 4 A. Well, I'm in very early in the morning, and 4 supervisor reviews it and approves it; is that correct? 5 part of the purpose of that is to review the activity 5 A. Correct. 6 for the day before. 6 Q. That's a normal police procedure? 7 Q. Okay. 7 A. Yes. 8 A. Now if the incident occurs on Friday, I won't 8 Q. What do you recall about what happened at 9 see it until Monday. Or if I'm on vacation, of course, 9 Mr. O'Hare's house on October 28th, 2011? 10 1 won'tsee it until I get back. But it's reviewed by, 10 MR. STEARNS: Object to form. Based on his 11 by Lieutenant Allen, and the Sergeants look at all the 11 review of the report? Or what are you asking? 12 cases as well. 12 BY MR- HANNA: 13 Q. Okay. Now do you review all incidents that 13 Q. Based on your review of the report. 14 happen in Gulf Stream, all reports? 14 A. I read it and I saw it as a code enforcement 15 A. Yes. 15 violation. 16 Q. Do you sign off on them? 16 Q. Okay. 17 A. 1, 1 don't -- we all, all of the supervisors 17 A. Mr. Ginsberg explained what happened. And 18 review the reports, and then they're signed off by, by 18 that was it. 19 one of us. 19 Q. Okay. There were two burglaries, or 20 Q. Okay. Well, basically you review the reports 20 attempted burglaries that were referred to in that 21 to make, so you know what's going on in -- 21 report; do you recall that? 22 A. Yeah. 22 A. Yes. 23 Q. — the Town? 23 Q. Okay. Do you recall reviewing those 24 A. Yeah. 24 incidents? 25 Q. And if you have somebody, one of the 25 A. Yes. Page 27 1 Page 28 1 Q. Okay. And those were actual reports that had 2 been filed? 3 A. Yes. 4 Q. Okay. Do you recall how — what time period 5 in relation to October 28th those reports had occurred? 6 A. I believe shortly before. 7 Q. Okay. And was anybody ever apprehended for 8 the attempted burglaries? 9 A. No. And what happened was they were both 10 called in as burglaries. 11 Q. Okay. 12 A. And upon our investigation, it was determined 13 that they weren't burglaries but it was criminal 14 mischief. 15 Q. Okay. 16 A. Where someone had entered the property and 17 taken ornamental statutes and things of that nature and 18 thrown them at the house breaking windows and causing 19 some considerable damage. Once we got ahold of the 20 owners and went into the house and everything, it was 21 determined that nobody had entered. 22 Q. Okay. 23 A. And there was nothing missing. So they were 24 reclassified as criminal mischief. 25 Q. And when did those occur; what time of the 1 day? 2 A. We don't know. They were found by 3 caretakers. 4 Q. Okay. 5 A. So we don't know when it occurred. 6 Q. Do you know -- did you ever find out why 7 somebody was throwing ornaments at the, at the house'? 8 A. No, I don't think it was anything personally 9 directed at the owners of the property. 10 Q. Okay. 11 A. I think it was just a vandalism -type spree. 12 The houses were only a few houses apart from each 13 other, and more than likely the incidents occurred on 14 the same day. 15 Q. Now did you do any kind of interview with 16 Officer Ginsberg regarding the October 28th, 2011, 17 incident? 18 A. No. Not that I recall. 19 Q. Was there any reason why you would do one? 20 A. No. 21 Q. Okay. What action was taken by the 22 department as a result of that October 28th, 2011, 23 incident? 24 A. What action? 25 Q. Yeah. Did the, did the police department 7 (Pages 25 to 28) Florida Court Reporting 561-689-0999 8 (Pages 29 to 32) Florida Court Reporting 561-689-0999 Page 29 Page 30 1 take any action as a result of Officer Ginsberg's 1 Q. What about after that time? 2 report? 2 A. Well, when it evolved into what it is today, 3 A. No. 3 1- 4 Q. Is that because it's primarily, that would 4 MR. STEARNS: That he's not going to answer 5 have been a code enforcement activity? 5 about, talk about. 6 A. Well, there wouldn't bean actual —an 6 BY MR. HANNA: 7 action that would, would occur in a situation like 7 Q. Okay. Now when Officer Ginsberg was acting 8 that. It's just a report of what happened. There was 8 as the Code Enforcement Officer, was he under your 9 no follow-up or anything involved. So it was just — 9 supervision or somebody else's supervision? 10 Q. Well, the, the report was that unauthorized 10 A. Well, in terms of what he was doing with 11 work was being done without a permit? 11 regard to code enforcement, he, most frequently, was 12 A. Mm-irmm. 12 under the direction of, of the Town Manager. But still 13 Q. Is that something the police department would 13 as a police officer, he was under my supervision. 14 have handled at that point or is it another department 14 Q. Now, if I remember correctly, Officer 15 in the Town? 15 Ginsberg testified that he had specific sl» fts that he 16 A. That would have been directed by the Town 16 worked as a police officer and as a Code Enforcement 17 Manager. 17 Officer. Was that your recollection too? 18 Q. Okay. 18 A. His routine was eight hours a week as Code 19 A. And we would not have been involved in that. 19 Enforcement Officer, and in addition to that we used 20 With the exception of Officer Ginsberg. 20 him for filling positions for sick, vacation, things of 21 Q. Did you have a personal conversation with 21 that nature. 22 Officer Ginsberg about what happened on that date? 22 Q. Okay. So when he was on duty as a Code 23 A. No. Not at the time — 23 Enforcement Officer, he was also, he could also be on 24 Q. Okay. 24 duty as a, one of the road officers? 25 A. — that it occurred. 25 A. Yeah. If something occurred that required Page 31 Page 32 1 his assistance, he would respond. 1 officers? 2 Q. Okay. Was there ever a time — you said that 2 A. They receive that publication. 3 there's always two officers on the road; is that 3 Q. Okay. 4 correct? 4 A. And then if anything else comes along that's 5 A. Yes. 5 a particular interest, I provide that to them in one 6 Q. Was there ever a time where Officer Ginsberg 6 form or another and make a copy of what I've received. 7 was working as the Code Enforcement Officer and he was 7 Q. Now does Gulf Stream have a policy that is 8 considered the second road officer! 8 different from the standard operating policy for law 9 A. No, l don't believe so. 9 enforcement across the Slate of Florida? 10 Q. Okay. Is there a policy with the department 10 A. No. I would, l would say that they, they all 11 regarding warrantless entries into homes? 11 address the same topics. 12 A. Warrantless entry? 12 Q. Okay. For example, what I'm referring to is 13 Q. Yes. 13 that normally a police officer can't enter into the, a 14 A. Yeah. We have a lot of, we've got study and 14 residence without consent or exigent circumstances 15 training information on the warrantless entries, search 15 under state law. You agree with that? 16 and seizure, things of that nature. We, we're 16 A. Yes. 17 constantly receiving a publication from the State 17 Q. Gulf Stream has the policy regarding 1B Attorney's Office. 18 snowbirds out of town, where they agree to be on a list 19 Q. Okay. 19 that the officers check? 20 A. Which gives some very valuable case law on 20 A. Mm-hmm. 21 those topics, because they're always in flux. Today 21 Q. Arc there any other type of scenarios where 22 it's one tiring, tomorrow it's another so... 22 the officer can go into a residence? 23 Q. Right. 23 MR. STEARNS: Object to fotm. Go ahead. 24 A. So they tryto keep us up to date on that 24 THE WITNESS: With regard to the extra watch 25 Q. And how do you disseminate that to the 25 list. 8 (Pages 29 to 32) Florida Court Reporting 561-689-0999 9 (Pages 33 to 36) Florida Court Reporting 561-689-0999 Page 33 Page 34 1 BY MR HANNA: 1 nature. But all of the supervisors are required to do 2 Q. Right. 2 that. 3 A. Breaking in homes. 3 Q. Okay. Officer Ginsberg had an incident with 4 Q. Yeah, something like that. Any other — 4 a bicyclist; do you remember that? 5 A. If there's a, if there's an alar, not an 5 A. Mm -him. 6 alarm — you know, a burglar alarm. 6 Q. Were you involved with that? 7 Q. Right 7 A. No. 8 A. We will enter and actually go into the house 8 Q. Okay. When he had that incident, what 9 particularly if we find an open door or window and do a 9 happened with, regarding the department; what did you 10 building search. 10 do? 11 Q. Okay. Are there any other scenarios where 11 A. I called in the Sheriffs Office to determine 12 there's a specific policy? 12 who was at fault in that incident 13 A. Well, we follow the state law. 13 Q. And that's standard operating procedure 14 Q. Now regarding a Code Enforcement Officer, was 14 whenever the department's involved — 15 Officer Ginsberg also instructed to follow state law? 15 A. Yes. 16 A. Yes, of course. 16 Q. — as a, as a player in the incident — 17 Q. Okay. Now you indicated that you review all 17 A. Yes. 18 the reports for activity from the previous day, or 19 Q. — is that correct? 19 Monday if it happens over the weekend. 19 A. Yes. 20 What other aficers do that, or what other 20 Q. Does the Gulf Stream Police Department have 21 personnel review all the reports? 21 an adequate budget to do everything that's demanded of 22 A. Well, every officer should when becomes on 22 it? Loaded question. 23 duty so he, he knows what's transpired and what's — 23 MR. STEARNS: I think everybody wants more 24 Q. Okay. 24 money. 25 A. — what needs follow-up and things of that 25 MR. HANNA: Yeah. 9 (Pages 33 to 36) Florida Court Reporting 561-689-0999 Page 35 Page 36 1 THE WITNESS: Well, of course 1, I wouldn't 1 was taking into consideration officer safety — 2 agree with that But we do have adequate funds to 2 A. 014 yes. 3 do what we need to do, yes. 3 Q. — in the job? 4 BY MIL HANNA: 4 A. We never scheduled less than two patrol 5 Q. Do you have adequate personnel? 5 officers. 6 A. I don't feel so. 6 Q. Okay. And, naturally, you'd like to see that 7 Q. Okay. Because you — the policy of having 7 increased? 8 two officers on the road on a shift, is that something 8 A. Well, yeah. 9 that you created? 9 Q. Okay. Nothing wrong with saying that 10 A. Yes. In, I forget what year it was now. We 10 Has there ever been a time when the 11 went to the 12 -hour shifts. We were the first in the 11 department Arts, didn't have the adequate funding to 12 county to do that actually. And that provided us with 12 comply with the policies? 13 the opportunity to do that. 13 A. There was a time when we found it very 14 Q. Okay. Before that was instituted, how many 14 difficult with technology and things that we, we needed 15 road officers were there? What was the minimum that 15 as, as time went on and technology became such a basic 16 you wanted? 16 part of law enforcement But that, that changed quite 17 A. Well, it was always two, but one of them 17 some years ago. The Town Manager previous to 18 might, might have been the Chief or the second in 18 Mr. Thrasher was very helpful there. And then 19 command. 19 Mr. Thrasher as well has been, has been very 20 Q. Right. 20 forthcoming with regard to the police department 21 A. And so it kind of stretched 21 Q. Okay. Now what role does Mr. Thrasher play 22 responsibilities — 22 in the development of the policies for the police 23 Q. Right 23 department? 24 A. -- to an unpleasant level. 24 MR. STEARNS: Object to for. Asked and 25 Q. And when you instituted the new policy, that 25 answered. 9 (Pages 33 to 36) Florida Court Reporting 561-689-0999 10 (Pages 37 to 40) Florida Court Reporting 561-669-0999 Page 37 Page 38 1 THE WITNESS: Ile doesn t play a role. 1 A. Oh, quite some time. 1,1 think that when 1 2 BY MR. HANNA: 2 first came here they were shut down immediately. 3 Q. Okay. Does he ever-- 3 Q. Okay. 4 A. He leaves, he leaves the responsibilities for 4 A. And other, other municipalities still do 5 the police department up to me. We communicate about 5 that. 6 much of what is going on in the police department. 6 Q. Okay. Has anybody ever, anybody from the 7 Q. Okay. Is there any discretion for an officer 7 Town ever asked you not to enforce a particular 8 to enforce any of the Town ordinances? 8 regulation or ordinance? 9 A. Sure. 9 A. I don't recall that ever happening. 10 Q. Okay. And what, what are the parameters of 10 Q. Have you ever been — has any of the Town 11 that discretion? 11 staff or commissioners ever pointed out that you're not 12 A. Well, with regard to, as anexample, 12 properly enforcing a regulation or ordinance? 13 unregistered vendors. 13 A. I don't recall that either. 14 Q. Okay. 14 Q. Okay. Now regarding, just a quick follow-up 15 A. We grant them, the day that, that we find 15 with this, Officer Ginsberg with the bicycle incident. 16 them working without a registration, to continue 16 Was Ire ever reprimanded by the Town? 17 working that day, and to get their registration during 17 A. No. 18 the course of that day or the following day so that 18 Q. Okay. Have there ever been any other 19 N% hen they come back to work they'll be registered. And 19 complaints — or Mr. O'Hare lodged a complaint 20 we do that because shutting, shutting them down affects 20 regarding Officer Ginsberg coming on to his property; 21 the resident. 21 do you recall that? 22 Q. Okay, 22 A. Yes. That'swhatthe- 23 A. And we don't want io do that. So we, we are 23 Q. Has there ever, has there been any other 24 lenient in that. in that regard. 24 residents that have complained? 25 Q. And how long has that policy been in effect? 25 A. No. Page 39 Page 40 1 Q. Okay. Have there been any complaints about 1 on, I heard that Mr. O'Hare had said something to the 2 Officer Ginsberg's conduct while acting as a law 2 effect that his, he and his family were living in fear, 3 enforcement officer for Gulf Stream? 3 things of that nature, and that disturbed me. And 1 4 A. No. As a matter of fact, he was an excellent 4 spoke with Mr. Randolph and asked him to call 5 police officer and did his job well and we never had 5 Mr. Roeder and request Mr. O'Hare to call me. 6 any problems with him. 6 Q. Okay. 7 Q. What about as a Cade Enforcement Officer? 7 A. But I got no response. 8 A. No. 8 Q. Okay. Do you know if Mr. Randolph ever 9 Q. Now regarding Mr. O'Hare's complaint 9 contacted Mr. Roeder about that? 10 regarding Officer Ginsberg's October 28th, 2011, entry 10 A. Yes, I believe he did. 11 into his property, what did you do as a result of that? 11 Q. Okay. How do you know he contacted him about 12 A. In what timeframe are you speaking? 12 it? 13 Q. Six months. Within six months after that. 13 A. I believe we discussed it. 14 A. When this incident occurred I... or when it 14 Q. Okay. Were you aware of Officer Ginsberg 15 became a complaint, there was never, never a complaint 15 parking in front of Mr. O'Hare s house and having his 16 made to me. 16 hands on his hips staring at him? Were you made aware 17 Q. Okay. 17 of that? 18 A. And our attorney, John Randolph, and 18 A. I'm not aware of that. I understand that it 19 Mr. Roeder, were communicating. 19 was, it was accused, but I dont know that it happened. 20 Q. Okay. 20 Q. Okay. What about his statement regarding 21 A. And Mr. Roeder communicated to Mr. Randolph 21 illegal aliens; is that something that would be 22 that he didn't want to file a formal complaint and 22 tolerated by the Gulf Stream Police Department? 23 scanted to handle it administratively. 23 A. Illegal aliens? 24 Q. Okay. 24 Q. About the illegal immigrants that would be 25 A. So at that point I did nothing. As time went 25 associated with the Wal-Mart opening? 10 (Pages 37 to 40) Florida Court Reporting 561-669-0999 11 (Pages 41 to 44) Florida Court Reporting 561-689-0999 Page 41 Page 42 1 MR. STEARNS: Object to form. Answer if you 1 A. Yes. 2 can. 2 Q. Who is he? 3 THE WITNESS: I don't know that, that that 3 A. He was a former employee of the Gulf Stream 4 ever occurred. 4 Police Department. He left as Sergeant. 5 BY MR. HANNA: 5 Q. Okay. And did you know him personally? 6 Q. Okay. Well, does the department tolerate any 6 A. No. 7 kind of racial bigotry? 7 Q. What about Officer Hamori, H -a -m -o -r -i? I'm 8 A. No. 8 probably not saying his name correctly. 9 Q. Any racism? 9 A. I think that's —that's what I called him. 10 A. Absolutely not. 10 Q. Wow, I pronounced a name correctly for once. 11 Q. And if someone were to express any type of 11 I always butcher them. 12 bigotry or racism. how would the department handle 12 How do you know him? 13 that? 13 A. He's an employee here at Gulf Stream Police 14 A. There would bean investigation. If it was 14 Department. 15 determined that it had occurred — 15 Q. Okay. And he's still a police officer? 16 Q. Okay. 16 A. Yes. 17 A. —mare than likely he would be sent for 17 Q. And do you know why Officer Gore], or 16 sensitivity training. 18 Sergeant Gorel left? 19 Q. Okay. 19 A. Yes. He went to the Broward Sheriffs 20 A. And depending on the nature of it, in terms 20 Office. He thought that there was some better benefits 21 of seriousness, could be suspended. 21 and he felt that he was still young enough to, doing 22 Q. Okay. Was there any type of action taken 22 some higher level of law enforcement in terms of 23 against Officer Ginsberg based on Mr. O'Hare's report? 23 activity. 24 A. No. 24 MR. STEARNS: A little more action. 25 Q. Okay. Do you know Adam Gorel? 25 MR. HANNA: Yeah. 11 (Pages 41 to 44) Florida Court Reporting 561-689-0999 Page 43 Page 44 1 BY MR, HANNA: 1 Q. I'm talking about, say, a resident calls in 2 Q. Okay. Now what is the procedure when a code 2 and says my neighbor's doing, planting flowers that I 3 violation is discovered by one of the officers? How's 3 don't like, how's that — is that something that the 4 that handled? 4 department investigates or is that turned over to -- 5 A. Well, they, they will write it up. 5 A. If, if they call Town Hall and make the 6 Q. Okay. Ina police report? 6 complaint, if it's something that we can act on, they 7 A. Yes. 7 will request us to do that. 6 Q. Okay. And then what happens? 8 Q. Now if it's received by the police 9 A. As a, as a Town ordinance violation. We take 9 department, how's that handled? 10 initial action if it's a vendor or somebody working off 10 A. Same thing. 11 hours or offdays or something like that, we can 11 Q. Okay. So it's given to the Town Manager and 12 correct the situation. Parking, things of that nature 12 then wait for further instructions? 13 on or around construction sites, anything that requires 13 A. Well, it could be the Town Manager or the 14 — well, Mr. Thrasher gets copies of all of our Town 14 Town Clerk. 15 ordinance violations. 15 Q. Okay. But it's mainly, it's fumed over to 16 Q. Okay, 16 the civilian side, I guess, is the best way to put it? 17 A. So he reviews them, and if he feels the 17 A. Yeah, but if it came directly to the police 18 necessity to follow-up or doing something else and 18 department and we recognized it as a violation, and it 19 wants us to do it, he will contact us. 19 was something that we could become involved in, we 20 Q. Okay. What about when a complaint regarding 20 would do that. 21 a possible code violation is received by the Town; bow 21 Q. Okay. Gulf Stream Police Department doesn't 22 is that handled? 22 enforce any type of immigration laws, correct? 23 A. Isn't that what you just asked me? 23 A. No. 24 Q. No, that was if an officer discovered one. 24 Q. Okay. Are the officers evaluated in any, any 25 A. Oh, okay. 25 way? 11 (Pages 41 to 44) Florida Court Reporting 561-689-0999 9 10 11 12 13 14 15 16 17 1B 19 20 21 22 23 24 25 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 45 A. Yes. Q. Okay. How, how does that occur and how often? A. Annually. Q. Okay. A. And generally they're done by their supervisor. Q. Okay. And would that be one of the Sergeants or? A. Or the Lieutenant will do the Sergeants. Q. Okay. Where are the evaluations kept? A. In their personnel folders. Q. Okay. How many — is there just one file for an officer, a personnel file, or are there separate files? A. There's a training file, but we have computerized training information. Q. Okay. A. And there's a medical file. Q. Okay. A. A time file which we, we maintain to, to keep track of time used and time gained and things of that nature. Q. Okay. Are those different from the personnel file? Page 47 A. I give them a monthly activity report. Q. Who calculates that information? A. Either I do or Lieutenant Allen. Q. Okay. And there's also crime — or statistics that have to be reported to the state; is that correct? A. Correct. Q. And who calculates those, or keeps those? A. Lieutenant, Lieutenant Allen. Q. Okay. Are those different from what you present to the Commission? A. Well, they, they —what 1, what I provide to the Commission includes those crimes that are reportable. Q. Okay. Now are there separate files that are kept regarding those statistics? A. Well, there are case files for, for crimes. Q. What about the reports to the state, is there a separate filing system for that? A. Yeah. We maintain copies of all of those. Q. And what role does Mr. Thrasher play in the preparation of those statistics? A. None. Q. Does he -- are those statistics given to him? A. Just the monthly report. Page 46 1 A. Yes. 2 Q. Okay. Are there any other files that are 3 kept for each individual officer? 4 A. No. Not that I — 5 Q. Now regarding their activities while on duty, 6 reports that they file, are they kept separately or is 7 thatjust pan of the main filing system for the 8 deparunent? Incident reports, things like that? 9 A. They're, they're computerized. 10 Q. Okay. But they're stored —are the incident 11 reports stored by officer or is it just general files 12 of the department? 13 A. Well, it's, it's, once it becomes a report, 14 it's entered into the system and is part of our 15 database. 16 Q. Okay. So you can cross reference it by, all 17 die reports by Officer Ginsberg, you would be able to 16 pull those up? 19 A. Yes, sir. 20 Q. Okay. How we the statistics kept with the 21 department; who's responsible for that? 22 A. What type of— 23 Q. Crime statistics, activity reports, things 24 that you report to the Commission every month regarding 25 crime figures? Page 48 1 Q. Okay. I hope that's the last time I have to 2 say statistic because I'm starting to run out of the 3 ability to say it. 4 Okay. Is Mr. Thrasher ever given or 5 routinely given information about incidents that occur 6 in town? 7 A. Yes. 8 Q. Okay. Do you provide him with all the 9 incident reports or just certain instances? 10 A. No. We provide him with code enforcement 11 reports. And I keep the Town Manager and the Town 12 Clerk apprised of any crime that has occurred and what 13 we're doing with regard to it, things of that nature. 14 Q. Okay. How do you keep them advised about 15 that? 16 A. Generally verbally, but, but depending on the 17 situation I will give them a copy of the report. 18 Q. Okay. Now the officer's use of its cell 19 phones, what, when do they, when are they supposed to 20 use a cell phone or the radio? What's the difference? 21 A. Well. there's no set policy for that. 22 Sometimes — initially when Delray Beach dispatch was, 23 was busy and we had trouble getting on, they would use 24 the cell phones. But now they can communicate by 25 laptop to each other. So the cell phones are used Florida Court Reporting 561-689-0999 12 (Pages 45 to 48) 13 (Pages 49 to 52) Florida Court Reporting 561-689-0999 Page 49 Page 50 1 significantly less than they had been. 1 that? 2 Q. Okay. So the reasons why you got the cell 2 A. Well, we have regulations here in Town Hall, 3 phones was difficulties with the radio transmissions? 3 we have parking signs. 4 A. Yeah, and another line of communication. 4 Q. Okay. 5 Sometimes it's, it's easier to use the phone, 5 A. So beyond that, if, if, if a vehicle's parked 6 particularly if you're trying to do it quietly. 6 on Town property, we look into it, see who it belongs 7 Q. What kind of records are kept about the cell 7 to and contact them. 8 phone usage by the officers? 8 Q. Okay. Have you gotten complaints from 9 A. We have — we get, we get monthly, monthly 9 Mr. O'Hare, from Chris O'Hare regarding obstructions 10 itemized bills. They, they are not specific to any 10 that have been placed in the public right-of-way of the 11 officer, but they are, all of the calls are listed. 11 Town? 12 Q. Now do, do the officers use their personal 12 A. Yes. 13 cell phones also when they're on duty? Is there a 13 Q. And did you review those? 14 policy against it? 14 A. 1 did. 15 A. I don't have a policy against it because it 15 Q. Okay. What kind of, what kind of 16 has never been a problem for its. If it were found that 16 investigation did you undertake regarding those 17 it is a problem, then that would change. 17 complaints? 18 Q. Okay. What's the Town's policy regarding 18 A. I didn't. The Town Manager -- 19 nonpermanent parking of private vehicles on Town 19 Q. Okay. 20 property? 20 A. — took, took charge of that 21 A. Nonpermanent? 21 Q. Okay. So all the complaints that you 22 Q. Yeah. 22 received — now that's something any — well, strike 23 A. Vehicles? 23 that. 24 Q. Nonpermanent parking. Somebody's just 24 Why did the Town Manager investigate those 25 parking on Town property; is there a policy regarding 25 claims? Page 51 Page 52 1 A. He said he was going to review them. 1 A. Same answer. 2 Q. Okay. And were you waiting for further 2 Q. Okay. So you — Mr. Thrasher instructed you 3 instructions from the Town Manager regarding those 3 that he was going to review them and wait further 4 complaints? 4 instructions? 5 A. Mm-hmm. 5 A. Right. 6 Q. Is that the, that's the normal procedure that 6 Q. Okay. And that's typically what happens in 7 you follow? 7 these type of situations; is that correct? 8 A. Yeah. 8 A. Well, we — yeah, I guess it would. 9 Q. Okay. 9 Q. Okay. Do you know what anobject to artis? 10 A. He is more of, capable of making those 10 1 practiced saying that too. 11 determinations than, than the police department. 11 A. I — well, I do and I don't. 12 Q. Okay. Now on any of those complaints, have 12 Q. Okay. Have you reviewed the Town ordinance 13 you done any follow-up? 13 regarding objects to art? 14 A. No. 14 A. I haven't. 15 Q. That's because Mr. Thrasher hasn't instructed 15 Q. Okay. 16 you further? 16 A. That is another issue that the Town Manager 17 A. Correct. 17 was looking into with regard to those complaints. 18 Q. Okay. Do you recall receiving complaints 18 Q. Okay. So, again, it's the same procedure? 19 from Mr. O'Hare regarding the sign, violation of the 19 You recall receiving Mr. O'Hare's complaints regarding 20 sign ordinance? 20 objects to art — 21 A. Yes. 21 A. Yes -- 22 Q. Okay. Did you review those? 22 Q. -- in people's yards? 23 A. (Witness nods head). 23 A. --I do. 24 Q. Did you take any action, action as a result 24 Q. And Mr. Thrasher said that he was going to 25 of those complaints? 25 look into those and wait further instructions; is that ( 13 (Pages 49 to 52) Florida Court Reporting 561-689-0999 14 (Pages 53 to 56) Florida Court Reporting 561-689-0999 Page 53 Page 54 1 correct? 1 Q. The computers? The units that were in the 2 A. Correct. 2 department? 3 Q. And that's typically what's been happening, 3 A. Yes. 4 correct? 4 Q. Okay. 5 A. Correct. 5 A. Well, we might have changed, changed them out 6 Q. All right. Have you ever issued a citation 6 but... 7 for objects to art? 7 Q. Okay. 8 A. No. 8 A. They — whatever's in the police database is 9 Q. Okay. Have any of the officers issued any 9 still there. 10 citations for objects to art? 10 Q. But the actual computers are different? 11 A. No. 11 A. Yeah. 1 believe they arc. 12 Q. 'Why's that? 12 Q. Okay. Were the hard drives changed? 13 A. We don't issue citations. 13 A. Were they changed? 14 Q. Okay. Have you instituted any code 14 Q. Yeah. Well, when did the officers get laptop 15 enforcement regarding objects to art? 15 computers? 16 A. Not to my recollection. 16 A. Oh, we ve had them for quite sometime now. 17 Q. Okay. 17 Q. Okay. Now regarding the preparations. 18 MR. HANNA: Can we take a quick break? 18 preparation of the reports, is there any type of log of 19 MR. STEARNS: You can say that aloud, Chris. 19 when the report is started? 20 (Off the record), 20 A. Well, Delray dispatch. in their CAD system, 21 BY MR. HANNA: 21 they tracked the time that the call was received. If 22 Q. The computers that you testified were used by 22 it's sent by dispatch, it's their time. And follow it 23 the officers for die incident reports in 2011 and 2012, 23 through chronologically until the call is completed. 24 are they still at the department? 24 Q. Okay. Well. I'm referring to when the 25 A. The computers or laptops did you say? 25 officer writes the actual report. 1s there any way to 14 (Pages 53 to 56) Florida Court Reporting 561-689-0999 Page 55 Page 56 1 tell whether the report was written a day after the 1 Q. Okay. And when you upgrade the computer 2 incident or six months later? 2 system, is that something requires Commission approval? 3 A. 1 don't believe so. 3 A. Well, it's, I'm budgeted for computers. 4 Q. Okay. That type of information isn t kept on 4 Q. Okay. Are you budgeted to replace die 5 a hard drive? 5 computer systems for every year? 6 A. No, I don't believe it is. 6 A. No. 7 Q. Okay. Who is responsible for maintaining 7 Q. So that would be most likely a special budget 8 computers in the department? Do you have a technician, 8 request? 9 an IT person? 9 A. If that needed to be all at once, yes. 10 A. Yeah. 10 Q. Okay. Now there was an incident with 11 Q. Okay. 11 Mr. O'Hare at his property regarding planting of trees 12 A. Contracted. Not, not internally. 12 in the right-of-way; are, you familiar with that? 13 Q. Do you know where the hard drive that, from 13 A. 1 believe i am. 14 the computer that Officer Ginsberg used to write his 14 Q. Okay. Do you know what — and Officer Gore] 15 report is now? 15 or Sergeant Gorel — 16 A. No. 16 A. Sergeant Gore]. 17 Q. Okay. Do you know if dint computer has been 17 Q. — was the one, was the investigating 18 replaced? 38 officer; does that sound right? 19 A. Yeah, I believe it has. 19 A. (Witness nods head). 20 Q. Okay. When was that replaced? 20 Q. Do you know what information he was relying 21 A. I think within the last two years. 21 an when he instructed Mr. O'Hare to remove the trees? 22 Q. Okay. 11ow often do you upgrade your computer 22 A. I don't. 1 was not involved in that. 1 know 23 systems? 23 he communicated with Mr. Thrasher on that. 24 A. We generally wait until it's suggested by our 24 Q. You communicated with Mr. Thrasher? 25 IT person. 25 A. No, Sergeant Gorel did. 14 (Pages 53 to 56) Florida Court Reporting 561-689-0999 15 (Pages 57 to 60) Florida Court Reporting 561-689-0999 Page 57 Page 58 1 Q. Okay. So you weren't part of whatever 1 Q. Okay. John Ancon? Arscott. 2 happened that day? 2 A -r -s -c -o -t -t. 3 A. No. 3 A. I think I recall his name. 4 Q. And the reason you know about it is because 4 Q. And a Mr. Vane (phonetic)? 5 you review incident reports? 5 A. Yes. 6 A, Correct. 6 Q. Okay. Now after the officers took the 7 Q. Mr. O'Hare had a, a boat in Polo Cove; are 7 reports, what did the department, the police department 8 you familiar with that incident? 8 do regarding those reports? What action did the 9 A. Yes. 9 department take? 10 Q. Were you involved in the investigation and 10 A. We didn't take any action. As far as I know, 11 citation of Mr. O'Hare for having the boat in the, in 11 as far as I remember, the Town attorney was looking 12 Polo Cove? 12 into the violation. 13 A. Citation meaning? 13 Q. Now that's something as you testified before 14 Q. Code enforcement or a code violation? 14 that would be turned over to Mr. Thrasher and you'd 15 A. I wasn't personally involved, no. 15 just wait further instructions? 16 Q. Were any of the officers investigating? 16 A. Pretty much so. 17 A. They took reports on it, 17 Q. Okay. Do you know why Officer Ginsberg left 18 Q. Okay. And who were the reports by? 18 Gulf Stream? 19 A. I don't recall. 19 A. Ile was — time of his life to retire. 20 Q. Joan Orthwein? 20 Q. Okay. Now you indicated before that you 21 A. The report's by Joan Orthwein? 21 reviewed all incidents that occur in the Town. 22 Q. loan Orthwein was one of the complainants? 22 Do you ever recall the Town enforcing any 23 MR. STEARNS: Ifyou know. 23 regulation regarding open front lawns? 24 THE WITNESS: I don't recall. 24 A. I dolt. 25 BY MR. HANNA: 1 25 Q. Okay. Are you familiar with the Town mile 15 (Pages 57 to 60) Florida Court Reporting 561-689-0999 Page 59 Page 60 1 for -- Strike that. 1 record of what unit he was driving? 2 Officer Ginsberg testified that he used a 2 A. Yes, it would be on his, on his daily log. 3 camera to take photographs of Mr. O'Hare's property. 3 Q. Okay. So he — whatever officer's assigned 4 Was that a department -issued camera? 4 to a car, that's indicated in the records? 5 A. I don't know. 5 A. Yes, sir. 6 Q. Are the officers given cameras as part of 6 Q. Do you feel it's essential for you to be 7 their standard equipment? 7 knowledgeable about the Town code in order to enforce 8 A. We do have department cameras, yes. 8 it? 9 Q. Okay. Are those assigned to certain 9 A. Well, if I don't know anything about it, it 10 officers? Or how are they distributed? 10 would be kind of difficult to enforce. 11 A. They're in the first line patrol cars. 11 Q. Do you enforce all aspects of the Town code? 12 Q. And that camera stays with the individual 12 A. No. 13 car? 13 Q. Okay. What, what aspects of the Town code do 14 A. Yes. It's in, it's in an equipment bag. 14 you enforce? 15 Q. Okay. And the, each of the cars are given a 15 A. Well, as I stated previously, the vast 16 unit number? 16 majority of our enforcement has to do with unregistered 17 A. Yes. 17 vendors and work hour violations, work day violations, 1B Q. Okay. And that's how you'd designate the 18 those types of things, animal complaints, things of 19 equipment that goes with the car? 19 that nature. 20 A. Yeah, pretty much. 20 Q. Okay. Now do you know Christopher O'Hare? 21 Q. Okay. When Officer Ginsberg was performing 21 A. Yes. 22 his duties as the code enforcement designated Code 22 Q. How do you know him? 23 Enforcement Officer, was he operating a police vehicle? 23 A. He's a resident of the Town of Gulf Site=. 24 A. Yes. 24 Q. Do you know him personally? 25 Q. Okay. Would there have been any kind of 25 A. No. 15 (Pages 57 to 60) Florida Court Reporting 561-689-0999 16 (Pages 61 to 64) Florida Court Reporting 561-689-0999 Page 61 Page 62 1 Q. Okay. Have you had any conversations with 1 report on Mr. O'Hare's claim that his lines were cut. 2 him? 2 Q. Okay. And did you do any kind of follow-up 3 A. I don't believe so. 3 investigation to that? 4 Q. Okay. Any conversations directly regarding 4 A. No. It was impossible. 5 any of the incidences, incidents with Officer Ginsberg? 5 Q. Okay. Do you consider Mr. O'Hare disruptive 6 A. No. Never. 6 when he attends the Town meetings? 7 Q. Okay. Did you ever have any conversations 7 MR. STEARNS: Object to form. 8 with Joan Orthwein regarding the boat in Polo Cove? 8 THE WITNESS: At times. 9 A. I may have, but I don't recall. 9 BY MR. HANNA: 10 Q. Now Ms. — the boat, Mr. O'Hare's boat sank, 10 Q. What does he do that you think is disruptive? 11 and you received a police report regarding that; is 11 A. Well, sometimes he, he spends a lot of time 12 that correct? 12 talking. and very often the things he says are... let 13 A. Yes. 13 me see what word I can use... are not very valuable to 14 Q. What kind of investigation was done into why 14 anyone. 15 the boat sank? 15 Q. Okay. But does he ever scream? Yell? Throw 16 A. Well, the boat was, had been tied upon the 16 things around? 17 cast side of the Intmccastal,just behind Place Au 17 A. I don't recall. 18 Soleil, and it ended up, and l believe as a result of a 18 Q. Okay. You've never seen that; where he was 19 storm, capsized on the cast side of the intraconstal. 19 yelling? 20 And we contacted fish and wildlife to see if, what they 20 A. Yes. 21 could do to remove it as a navigational hazard. 21 Q. Okay. When was that? 22 Q. Was there any other investigation done 22 A. That wits an incident wherein he brought his 23 regarding who was responsible for the boat sinking, or 23 mother to a meeting in a wheelchair, and during the 24 cutting the line? 24 course of the meeting Mrs. 01lare had to use the ladies 25 A. Yes. Sergeant Passigela (phonetic) look a 25 mom. We had a female employee here specifically to Page 63 Page 64 1 assist her in the event that she needed anything. 1 Q. Right. And there's never been an incident 2 And when she went to the ladies room, she I 2 where Mr. O'Hare was a threat to public safety during 3 couldn't get her wheelchair into the, into the stall. 3 those meetings, correct? 4 And she stated to the lady that was with her that she 4 A. None apparent. 5 could stand, but Mr. O'Hare and his brother were there 5 Q. Okay. There — have you ever referred to 6 evidently and told her not to stand I understand. 6 Christopher O'Hare as a psychopath? 7 And then he came running in here, up to the 7 A. No. B podium and started yelling. He wanted the police 8 Q. Sociopath? 9 department to take his mother to the hospital. She was 9 A. No. 10 asked if she wanted to go to the hospital, and she said 10 Q. Any similar type word? 11 no. She was obviously humiliated by the whole 11 A. Such as? 12 situation I think. And -- but that's when he put on 12 Q. Such as psychopath, sociopath, something like 13 quite a show in terms of yelling and carrying on. 13 that? 14 Q. Other than the incident with his mother, he's 14 A. Did I call Mr. O'Hare a psychopath or a 15 never done anything like that in any other meeting, 15 sociopath? 16 correct? 16 Q. Yes. 17 A. Not that I recall. 17 A. No. 18 Q. Okay. Now when you attend these meetings, III Q. Anything similar to that? 19 you're also there in, in your capacity as a law 19 A. Such as? 20 enforcement officer in Town of Gulf Stream, correct? 20 Q. Whack job? 21 A. Yes. It's part of my responsibility. 21 A. No. 22 Q. And you're there to handle any threats to 22 Q. Psychotic, anything like that? 23 public safety during the meeting? 23 A. No. 24 A. Well, currently we have an officer assigned 24 Q. Okay. Ever talk to Marty Minor about 25 to that task. 25 Mr. O'Hare? 16 (Pages 61 to 64) Florida Court Reporting 561-689-0999 17 (Pages 65 to 68) Florida Court Reporting 561-689-0999 Page 65 Page 66 1 A. Never. 1 Q. Okay. Why, why did you have to have, why did 2 Q. What about any of the Town staff? 2 you have the Social Security numbers removed? 3 A. Sure. 3 A. Because they're not public record. 4 Q. Okay. What kind of issues did you discuss 4 Q. Okay. Did you ever thank Mr. O'Hare for 5 with the Town staff? 5 advising you about that? 6 A. Generally public records requests. 6 A. Yes, l did. 7 Q. Okay. Any personal conversations? Or 7 Q. When? 8 anything about Mr. O'Hare personally? 8 A. At the end of that meeting. He approached me 9 A. Personally — 9 and said that, you know, he was serious that those 10 Q. About Mr. O'Hare personally, not dealing with 10 things were on there. And 1 said, thank you and I'll 11 any of the Town business? 11 take care of it. 12 A. Well. I suppose there are, there are comments 12 Q. Okay. Did you get an e-mail from Mr. O'Hare 13 when you have, when you're dealing with a situation 13 recently regarding another record on the Town website 14 like that, there's always some humorous comments that 14 that contains Social Security numbers? 15 are made. I don't recall anything that were harmful. 15 A. Yes. 16 Q. Now on May 9th, 2014, were you present at a 16 Q. Okay. What have you done regarding that? 17 meeting where Mr. O'Hare advised the Town that the 17 A. That has been removed also. I, I — it 18 police officer Social Security numbers were online? 18 better be. That was -- I don't know how that, how that 19 A. Yes. 19 occurred. 20 Q. is that something that was appropriate? 20 Q. And did you ever thank Mr. O'Hare for that? 21 A. No. 21 A. f haven't had the opportunity. 22 Q. Okay. What did the — after you received 22 Q. Okay. Now when your department gets a public 23 that information, what did you do about the Social 23 records request, how is that handled? 24 Security numbers? 24 A. All public records requests go to one 25 A. I had them removed. 25 specific employee at Town Hall. 17 (Pages 65 to 68) Florida Court Reporting 561-689-0999 Page 67 Page 60 1 THE REPORTER: At Town Hall what? 1 into effect? 2 THE WITNESS: At Town Hall, her name is Kelly 2 A. When the barrage of public records request 3 Avery. And she handles all of the — 3 started, there was no preparedness for dealing with 4 MR. STEARNS: I'll allow this broad question. 4 that volume. 5 But if you're going to get into specifics of public 5 Q. Okay. 6 records litigation, you know my stance on that, and 6 A. And so they instituted this procedure to -- 7 I'll assert the, I'm going to assert the same 7 Q. Okay. Before -- 6 objection. 8 A. •- maintain control of it. 9 MR. HANNA: Same blanket objection? 9 Q. Okay. Before that date did the, did the 10 MR. STEARNS: Yes. Order him not to — 10 department fill their own public records requests? 11 MR. HANNA: That's fine. 11 A. Yeah. Perhaps the half of dozen that I've 12 MR. STEARNS: — answer and move on. 12 received since I'm Chief. 13 BY MR. HANNA: 13 Q. Okay. Now all public records requests, would 14 Q. Okay. Who's the procedure waren you — 14 they come to your attention? At that time, before the 15 A. They're, they're logged. 15 policy change? 16 Q. Okay. 16 A. They would, they would come tome. 17 A. And 1 believe a notice of receipt is sent out 17 Q. Okay. And who would you have fill the public 18 to the requester. 18 records request? 19 Q. Okay. 19 A. I would or I would delegate it. 20 A. And then they arc responded to. 20 Q. Okay. 21 Q. Okay. Now if the public records request is 21 A. 1 can't recall any specific at all. I mean, 22 directed to the department, does it still get sent over 22 there have been so few. 23 to the civilian side I guess? 23 Q. And that change regarding the policy of 24 A. Yes, sir. 24 handling public records requests, was that done some 25 Q. Okay. Has that— when did that policy go 25 time in 2014? 17 (Pages 65 to 68) Florida Court Reporting 561-689-0999 18 (Pages 69 to 72) Florida Court Reporting 561-689-0999 Page 69 Page 70 1 A. I don't recall when it was done. 1 the public records request. was that — 2 Q. Okay. Well, do you recall that Martin 2 MR. STEARNS: He already said it was related 3 O'Boyle received a settlement from the Town regarding 3 to the barrage of requests from your client and 4 his public records requests? 4 Mr. O'Boyle. I mean, that's all we're going with 5 MR. STEARNS: All right. I'm going to 5 this. 6 instruct you not to answer. 6 MR. HANNA: Right. 7 MR. HANNA: I'm trying to give a timeframe. 7 BY MR. HANNA: 8 That's all. 0 Q. You can answer the question. 9 MR. STEARNS: What does it matter? Do you 9 A. Yeah, I don't recall when that, when that 10 know anything about Martin O'Boyle — 10 occurred. 11 MR. HANNA: A policy. 11 Q. Okay. 12 MR, STEARNS: — receiving a settlement? 12 A. But it was in conjunction with that barrage 13 THE WITNESS: When it happened? 13 of public records. 14 MR. STEARNS: Yeah. 14 Q. Was that done by memorandum? Alerted to the 15 MR. HANNA: Yes. 15 policy change, was that something you would have gotten 16 THE WITNESS: No. 16 a memorandum about? 17 BY MR. FIANNA: 17 A. I was verbally told. it was explained to me. 18 Q. July of 2013? 18 Q. By who? 19 A. I don't recall the date. 19 A. I'm not certain. More than likely the Town 20 Q. Okay. You were at the Town meeting when that 20 Clerk. 21 happened? 21 Q. Okay. Now these policies that you've 22 A. I don't know that it occurred at a Town 22 implemented, arc they, do they have the same force and 23 meeting. 23 effect as the Town ordinances? 24 Q. Okay. Well, my, my point is in rev — was 24 MR. STEARNS: What policies? 25 that policy change regarding the civilian side handling 25 MR- HANNA: The policy that he's testified Page 71 Page 72 1 that he's already put into effect for— 1 Q. Okay. And — 2 MR. STEARNS: For managing the department? 2 MR. HANNA: I don't have anything further. 3 MR. HANNA: Yes. 3 MR. STEARNS: Good. He'll read. Done, 4 MR. STEARNS: That's different. 4 Chief. 5 MR. HANNA: Yes. 5 (Proceedings were concluded at 12:33 p.m.) 6 MR. STEARNS: You can answer that. 6 7 THE WITNESS: Ask it aeain, please. 7 8 BY MR. HANNA: 8 9 Q. Okay. 9 10 MR. STEARNS: Your internal policies for 10 11 running the department, are they the same as the 11 12 Town code is what he's trying to ask you? 12 13 THE WITNESS: No, I [couldn't say so. 13 14 BY MR, HANNA: 14 15 Q. Okay. The trees being planted, trees being 15 16 planted in the Town right-of-way, is that a, a 16 17 violation of the code or is that a policy of the Town? 17 18 MR, STEARNS: Object to form. 18 19 THE WITNESS: I'm not certain. 19 20 MR HANNA: Okay. Let's take a quick break. 20 21 (Off the record). 21 22 BY MR. HANNA: 22 23 Q. When you were hired as the Chief, did 23 24 Mr. Thrasher have any rale in that decision? 24 25 A. I believe he supported it, yes. 25 r 18 (Pages 69 to 72) Florida Court Reporting 561-689-0999 19 (Pages 73 to 74) Florida Court Reporting 561-689-0999 Page 73 Page 74 1 CERTIFICATE OF OATH 1 CERTIFICATE 2 2 3 STATE OF FLORIDA 3 THE STATE OF FLORIDA, ) 4 COl1N1'Y OF PALM BEACH 5 4 COUNTY OF PALM BEACH. ) 6 1, Mary Hengstler, the undersigned authority, 5 1, MARY ANN HENGSTLER, Registered 7 certify that GARRETT WARD personally appeared before me 6 Professional Reporter, do hereby certify that I was a and was duly swom. 7 authorized to and did stenographically report the 8 foregoing deposition; and that the transcript is a true 9 9 and correct transcription of the testimony given by the 10 1t7TNHSS my hand and oticial seal this 28th day of 10 witness. 11 July. 2015. 11 I further certify that I am not a relative, 12 12 employee, attorney or counsel of any of the parties, 13 13 nor am I a relative or employee of any of the parties' 14 14 attorney or counsel connected with the action, nor am I 15 15 financially interested in the action. 16 16 Dated this 28th day of July, 2015. 17 17 19 18 19 19 20 Mary A. Hengsder 20 21 21 Notary Public, State of Florida 22 22 My Commission 4EE147085 MARY A. HENGSTLER, RPR -CP 23 Expires: December 23, 2015 23 24 24 25 25 i 19 (Pages 73 to 74) Florida Court Reporting 561-689-0999 A -r -s -c -o -t -t 58:2 a.m 1:17 3:6 ability 4:20 22:5,7 48:3 able46:17 above -entitled 3:8 above-named 3:9 Absolutely 41:10 academy 5:19 access 17:14 22:14 acclimate 16:18 accused 40:19 act 44:6 acting 30:7 39:2 action 28:21,24 29:1,7 41:22 42:24 43:10 51:24 51:24 58:8,10 74:14,15 activities 46:5 activity 14:9 25:5 29:5 33:18 42:23 46:23 47:1 actual 27:129:6 54:10,25 Adam 41 25 adapt 17:15 adapts 18:2 addition 30:19 address 3:19,25 4:8 32:11 adequate 34:21 35:2,5 36:11 administrative 17:12 administratively 39:23 advantage 17:22 advised 48:14 65:17 advising 66:5 agencies 16:7 agency 16:6 ago 36:17 agree 32:15,18 35:2 agreed 19:6 ahead 32:23 ahold 27:19 al 1:8 alarm 33:5,6,6 alert 9:22 Alerted 70:14 aliens 40:21,23 Allen 7:11 17:11 25:1147:3,9 allow 67.4 aloud 53:19 animal 60:18 ANN 3:2 74:5 Annually 45:4 ANSELMO 2:5 answer 4:19,215:4 12:18,25 22:21 30:441:1 52:1 67:12 69:6 70:8 71:6 answered 36:25 anybody 13:11 27:7 38:6,6 apart28:12 apparent 64:4 APPEARANCES 2:1 appeared 73:7 appointed 5:24 6:1 apprehended 27:7 apprised 48:12 approached 66:8 appropriate 65:20 approval 56:2 approves 26:4 Apri122:10 area 21:8 arrangement 19:5 Arscott58:1,1 art 52:9,13,20 53:7 53:10,15 asked 4:1 10:23 36:24 38:7 40:4 43:23 63:10 asking 4:20,22 5:1 26:11 aspect 7:18 aspects 15:24 60:11 60:13 assert 67:7,7 assigned 13:22 59:9 60:3 63:24 assist 63:1 assistance 19:5 31:1 associated 40:25 Association 16:4 assuming 24:17 attempted 26:20 27:8 attend 13:8,12 14:18 63:18 attended 5:19 attends 62:6 attention 68:14 attorney 22:23 39:18 58:1174:12 74:14 Attorney's 31:18 An 61:17 authority 73:6 authorized 74:7 Avery 67:3 aware 11:16 40:14 40:16,18 back 25:10 37:19 backup 11:20,24 bag 59:14 barrage 68:2 70:3 70:12 based 22:14 26:10 26:13 41:23 basic 36:15 basically 24:12 25:20 Beach 1:2 2:3 3:5 12:5 16:3 48:22 73:4 74:4 beginning 3:6 believe 27:6 31:9 40:10,13 54:11 55:3,6,19 56:13 61:3,18 67:17 71:25 belonging 9:18 belongs 50:6 benefits 42:20 best 4:19 16:5,18 44:16 better 42:20 66:18 beyond 50:5 bicycle 38:15 bicyclist 34.4 big 24:17 bigotry 41:7,12 bills 49:10 binder 16:22 bit 15:2 blanket 67:9 blue 10:2,2 boat 57:7,1161:8 61:10,10,15,16,23 Boulevard 2:6 break 53:18 71:20 breaking 27:18 33:3 broad 67:4 brochure 24:17 brother 63:5 brought 12:21 62:22 Broward 42:19 budget 34:2156:7 budgeted 56:3,4 building 20:16,19 20:23 33:10 burglar 33:6 burglaries 26:19 26:20 27:8,10,13 burglary 11:19,21 11:23 BURKE 2:5 business 65:11 busy 48:23 butcher 42:11 C C 74:1,1 CAD 54:20 Florida Court Reporting 561-689-0999 75 calculates 47:2,8 call 8:23 11:2126:1 40:4,5 44:5 54:21 54:23 64:14 called 27:10 34:11 42:9 calls 9:8 11:18.20 14:10 17:16,17 44:149:11 camera 59:3,4,12 cameras 59:6,8 capable 51:10 capacity 63:19 capsized 61:19 car 9:22 59:13,19 60:4 care 66:11 career5:20 caretakers 28:3 carrying 63:13 cars 22:8 59:11,15 Carter 2:24 24:20 case 1:2 13:6,10 31:20 47:17 cases 25:12 catch 8:5 cause 3:9 causing 27:18 cell 13:17,19,20,24 14:1,16 48:18,20 48:24,25 49:2,7 49:13 certain 11:18 20:18 48:9 59:9 70:19 71:19 certainly 16:21 CERTIFICATE 73:1 certified 3:14 certify 73:7 74:6,11 chain 11:10 chance 23:15 change 49:17 68:15 68:23 69:25 70:15 changed 36:16 54:5 54:5,12,13 charge 50:20 chase 12:22 check 8:25 32:19 checking 8:17 10:14 Chief 1:13 2:16 3:1 3:12,22 5:10,11 5:24,25 6:2 7:2 18:12,13 23:25 35:18 68:12 71:2: 72:4 Chiefs 16:4 Chris 50:9 53:19 Christopher 1:5 2:8,9 21:10 60:20 64:6 chronologically 54:23 circumstances 32:14 citation 53:6 57:11 57:13 citations 53:10,13 citizens 7:16,25 City 3:5 5:14,15 6:1210:11,21 civilian 44:16 67:23 69:25 claim 22:23 23:9 62:1 claims 50:25 clearly 23:8 Clerk 44:14 48:12 70:20 client 70:3 close 12:24 code 7:17 8:8,11 18:16,19 19:1;8 19:13 20:3,9,20 20:21,23,23 21:2 26:14 29:5 30:8 30:11,16,18,22 31:7 33:14 39:7 43:2,2148:10 53:14 57:14,14 58:25 59:22,22 60:7,11,13 71:12 71:17 codes 11:25 12:3,8 come 16:7 37:19 68:14,16 comes 17:22 32:4 33:22 coming 38:20 command 7:3 11:10 35:19 comments 65:12,14 Commission 11:11 14:18 46:24 47:11 47:13 56:2 73:22 commissioners 26:138:11 commit 16:20 communicate 37:5 48:24 communicated 39:2156:23,24 communicating 39:19 communication 12:1 14:449:4 communications 14:6 22:24 23:1 complainants 57:22 complained 38:24 complaint 38:19 39:9,15,15,22 43:20 44:6 complaints 38:19 39:150:8,17,21 51:4,12,18,25 52:17,19 60:18 :ompleted 54:23 :omply 36:12 :omputer 21:20,21 21:22 55:14,17,22 56:1,5 :omputerized 45:17 46:9 :omputers 21:23 22:5 53:22,25 54:1,10,15 55:8 56:3 :oncerned 9:24 concluded 72:5 conduct39:2 conform 16:6 conjunction 70:12 connected 74:14 cousent32:14 consider 62:5 considerable 27:19 consideration 36:1 considered 21:3 31:8 consist 17:9 constantly 31:17 construction 19:3 20:19 43:13 contact 9:4 43:19 50:7 contacted 40:9,11 61:20 contacts 9:8 contains 66:14 continue 37:16 Contracted 55:12 contractors 8:2 20:12 control 68:8 conversation 29:21 conversations 23:3 61:1,4,7 65:7 Cool 23:13 copies 43:14 47:20 copy 15:10 16:9 32:6 48:17 correct 14:7 26:4,5 31:4 34:18 43:12 44:22 47:6,7 51:17 52:7 53:1,2 53:4,5 57:6 61:12 63:16,20 64:3 74:9 :orrectly 30:14 42:8,10 :orresponds 10:6 :ounsel2:3,7 74:12 74:14 :ounty 2:2 3:5 16:4 35:12 73:4 74:4 course 5:20 82 9:6 25:9 33:16 35:1 37:18 62:24 Court 1:1 3:9 4:22 Cove 57:7,12 61:8 created 16:2 35:9 crime 46:23,25 47:4 48:12 crimes 47:13,17 criminal 27:13,24 cross 46:16 currently 5:7 63:24 custodian 12:20 cut 12:22 62:1 cutting 61:24 D daily 60:2 damage 27:19 dare 4:11 database 22.13 46:15 54:8 date 29:22 31:24 68:9 69:19 dated 23:17 74:16 David 6:6 day 7:24 21:6 25:6 28:1,14 33:18 37:15,17,18,18 55:157:2 60:17 73:10 74:16 days 19:14 43:11 daytime 7:11 deal 7:22 15:25 20:10 dealing 65:10,13 68:3 December 73:23 decide 9:12 16:4 decided 18:25 decision 71:24 deemed 19:20 Defendant 1:9 2:7 delegate 68:19 Delray 12:5 48:22 54:20 demanded 34:21 Florida Court Reporting 561-689-0999 76 department 2:24 5:8 6:25 9:911:7 14:12,13,25 15:1 15:3 21:21,22,23 24:3,13,13 28:22 28:25 29:13,14 31:10 34:9,20 36:11,20,23 37:5 37:6 40:22 41:6 41:12 42:4,14 44:4,9,18,2146:8 46:12,2151:11 5324 54:2 55:8 58:7,7,9 59:8 63:9 66:22 67:22 68:10 71:2,11 department's 34:14 department -issued 59:4 departments 11:1 depending 15:8 24:15 41:20 48:16 depends 17:20 18:1 deposition 1:13 2:22 3:14:15 13:3 18:4 74:8 depositions 13:6,8 Deputy 5:24,25 18:12 designate 10:4 59:18 designated 8:8,10 8:1218:16,19 19:120:2121:2 59:22 detai15:17 determinations 51:11 letermine 34:11 letermined 27:12 27:2141:15 levelopment 36:22 lifference 48:20 lifferent 10:20 32:8 45:24 47:10 54:10 71:4 difficult 11:4 36:14 60:10 difficulties 49:3 Direct 2:17 3:15 directed 20:25 23:24 24:3 28:9 29:16 67:22 direction 30:12 directly 24:4 44:17 61:4 disagree 23:11 discovered 43:3,24 discretion 37:7,11 discuss 65:4 discussed 40:13 dispatch 14:6,14 48:22 54:20,22 dispatches 12:5 dispose 24:9 disruptive 62:5,10 disseminate 31:25 distributed 59:10 DISTRICT 1:1,1 disturbed 40:3 DIVISION 1:2 documents 12:18 doing 15:9 19:20 30:10 42:2143:18 44:2 48:13 door 33:9 dozen 68:11 drive 55:5,13 drives 54:12 driving 60:1 duces 2:22 12:11 duly 3:13 73:8 duties 7:13,18 8:13 14:22,24 59:22 duty 7:6 21:1,6 30:22,24 33:23 46:5 49:13 E 74:1,1 e-mail 66:12 early 25:4 easier 49:5 east 2:6 61:17,19 education 5:18 EE147085 73:22 effect 8:14 11:17 15:13 37:25 40:2 68:170:23 71:1 eight 7:5 30:18 either 38:13 47:3 eliminated 18:23 else's 30:9 employee 12:17 42:3,13 62:25 66:25 74:12,13 enacts 15:5 ended 61:18 enforce 37:8 38:7 44:22 60:7,10,11 60:14 enforcement 6:4 7:18 8:8,1115:24 18:16,19 19:2,8 19:13 20:3,9,20 20:21,22 21:2 26:14 29:5 30:8 30:11,16,19,23 31:7 32:9 33:14 36:16 39:3,7 42:22 48:10 53:15 57:14 59:22,23 60:16 63:20 enforcing 38:12 58:22 enter 32:13 33:8 entered 24:9 27:16 27:2146:14 entries 31:11,15 entry 31:12 39:10 equipment 59:7,14 59:19 ESquire 2:4,8,10 essential 60:6 established 22:8,10 estimate 17:2 et 1:8 evaluated 44:24 evaluations 45:11 event 11:15 63:1 everybody 34:23 evidently 63:6 evolved 30:2 Examination 2:17 3:15 example 11:19 32:12 37:12 excellent 39:4 exception 29:20 Exhibit 2:22,23 12:13,15 22:15,18 EXHIBITS 2:21 exigent 32:14 expect 16:20 experience 5:18 Expires 73:23 explained 26:17 70:17 exposure20:10 express 41:11 extent 11:14 extra 8:24 32:24 F 1:5 74:1 fact 39:4 fair 5:5 familiar 56:12 57:8 58:25 familiarize 15:11 family 40:2 far 15:18 22:19 58:10,11 fault 34:12 fear40:2 feel 35:6 60:6 feels 43:17 felt 42:21 female 62:25 ff 3:22 field 16:15 17:8,10 17:15,19 figures 46:25 file 39:22 45:13,14 45:16,19,21,25 46:6 filed 3:7 24:9,14 27:2 files 45:15 46:2,11 47:15,17 filing 46:7 47:19 fill 68:10,17 filling 30:20 financially 74:15 find 28:6 33:9 37:15 fine 22:25 67:11 firm 2:24 24:20 first 3:13 35:11 38:2 59:11 fish 61:20 fits 16:5 Florida 1:1,162:3 2:7 3:4,6,20 32:9 73:3,2174:3 flowers 44:2 flux 31:21 fly-by-night 8:2 folders 45:12 follow 33:13,15 51:7 54:22 follow-up 29:9 33:25 38:14 43:18 51:13 62:2 following 37:18 follows 3:14 force 70:22 foregoing 74:8 forget 35:10 form 26:10 32:6,23 36:24 41:162:7 71:18 formal 39:22 former 18:4 42:3 Fort 2:7 forthcoming 36:20 found 28:2 36:13 49:16 four 16:24 21:25 22:5 frequently 30:11 Friday 25:8 friendly 6:16 front40:15 58:23 Florida Court Reporting 561-689-0999 77 full-time 19:9,24 funding 36:11 funds 35:2 further 44:12 51:2 51:16 52:3,25 58:15 72:2 74:11 G gained 45:22 Garrett 1:13 2:16 3:1,12,18 73:7 general 20:9 46:11 generally 6:22 11:23 15:10,15,16 45:6 48:16 55:24 65:6 geographical 21:8 geographies 17:16 getting 20:148:23 Ginsberg 6:6 18:14 18:15,24 19:1,8 20:21 21:11 23:4 26:17 28:16 29:20 29:22 30:7,15 31:6 33:15 34:3 38:15,20 40:14 41:23 46:17 55:14 58:17 59:2,21 61:5 Ginsberg's 18:4 25:129:139:2,10 give 5:17 47:1 48:17 69:7 given 4:15 13:20 16:13 24:4 44:11 47:24 48:4,5 59:6 59:15 74:9 gives 31:20 GMM/MADISON 2:2 go 4:10 8:1415:9 32:22,23 33:8 63:10 66:24 67:25 Toes 59:19 ;oing 4:4,9,18,22 5:2,4 8:219:5 11:15 12:10 13:9 19:3,12,22 22:20 25:2126:130:4 37:6 51:152:3,24 67:5,7 69:5 70:4 Good 72:3 Gorel41:25 42:17 42:18 56:14,15,1( 56:25 gotten 50:8 70:15 grant37:15 Great 4:3 guess 44:16 52:8 67:23 Gulf 1:8,16 2:24 3:5,20 5:8,23 6:9 6:24 7:14,16 8:7 8:16 9:14,19 10:7 10:19 11:25 12:4 13:15 14:24 16:14 21:8 25:14 32:7 32:17 34:20 39:3 40:22 42:3,13 44:2158:18 60:23 63:20 guys 22:25 24:17 H H2:10 H -a -m -o -r -i 42:7 half 5:25 68:11 Hall 44:5 50:2 66:25 67:1,2 Hamori 42:7 hand 73:10 handed 16:10 handle 39:23 41:12 63:22 handled 29:14 43:4 43:22 44:9 66:23 handles 67:3 handling 68:24 69:25 hands 40:16 handwrite 22:5 Hanna 2:4,17 3:16 4:1,4,8,11,13 10:23 11:2 12:9 12:11,14,22,24 13:122:16 23:2,7 23:11,14,22,23 26:12 30:6 33:1 34:25 35:4 37:2 41:5 42:25 43:1 53:18,2157:25 62:9 67:9,11,13 69:7,11,15,17 70:6,7,25 71:3,5,8 71:14,20,22 722 happen 25:14 happened 26:8,17 27:929:8,22 34:9 40:19 57:2 69:13 69:21 happening 38:9 53:3 happens 33:19 43:8 52:6 hard 54:12 55:5,13 harmful 65:15 hazard 61:21 He'll 72:3 head 20:4 51:23 56:19 heard 4:6 40.1 helpfu136:18 Hengstler 3:2 73:6 73:20 74:5,22 hereinunder3:14 higher 42:22 hips 40:16 hire 17:2118:8 hired 5:23 16:12 18:1171:23 HOCHMAN 2:6 comes 10:15 31:11 33:3 lope 48:1 iospital63:9,10 iour3:6 7:24 60:17 lours 21:6 30:18 43:11 louse 26:9 27:18 27:20 28:7 33:8 40:15 houses 8:17 28:12 28:12 how's 43:3 44:3,9 humiliated 63:11 humorous 65:14 hundred 17:3 I IDENTIFICATI... 2:21 identify 9:18 M2:10 illegal 40:21,23,24 immediately 38:2 immigrants 40:24 immigration 44:22 implemented 70:22 important 12:16 19:21 impossible 62:4 inches 16:24 incidences 61:5 incident 21:9,11,13 23:4 24:21,24 25:8 28:17,23 34:3,8,12,16 38:15 39:14 46:8 46:10 48:9 53:23 55:2 56:10 57:5,8 62:22 63:14 64:1 incidents 25:13 26:24 28:13 48:5 58:2161:5 include 20:22 includes 47:13 increased 36:7 INDEX 2:14 indicated 33:17 58:20 60:4 individual 10:25 16:617:20,25 18:146:3 59:12 nform 11:16 nformation 15:16 17:14 31:15 45:17 47:2 48:5 55:4 5620 65:23 initial 43:10 initially 48:22 inspection 20:16 instance 1:13 3:8 instances 48:9 institute 11:15 instituted 35:14,25 53:14 68:6 instruct22:20 69:6 instructed 13:11 33:15 51:15 52:2 56:21 instructing 15:6 instructions 44:12 51:3 52:4,25 58:15 insurance 8.4 interest 32:5 interested 74:15 internal23:1 71:10 internally 22:22 55:12 interruptions 4:11 interview 28:15 intracoastal61:17 61:19 investigate 5024 investigates 44:4 investigating 20:22 56:17 57:16 investigation 21:15 23:3,10 27:12 41:14 50:16 57:10 61:14,22 62:3 involve 7:20 involved 21:11,14 29:9,19 34:6,14 44:19 56:22 57:10 57:15 issue 9:14 52:16 53:13 ssued 13:15 53:6,9 ssues 65:4 temized 49:10 J F 2:4,8 Florida Court Reporting 561-689-0999 in Joan 57:20,21,22 61:8 job 36:3 39:5 64:20 John 39:18 58:1 JOHNSON 2:5 July 69:18 73:11 74:16 June 1:17 3:7 5:12 23:17 K K2:22 12:13,15 keep 10:5 14:5,11 24:18 31:24 45:21 48:11,14 keeps 47:8 Kelly 67:2 kept 14:15 17:13 45:1146:3,6,20 47:16 49:7 55:4 kind 9:25 10:11 14:9,15 16:13 20:5,8,15 24:8,18 28:15 35:2141:7 49:7 50:15,15 59:25 60:10 61:14 62:2 65:4 knew 6:13,22 knocked 4:14 know 4:2,216:6,8 6:118:3,3 9:5,23 10:23,24,25 11:4 15:14 24:1125:21 26:128:2,5,6 33:6 40:8,11,19 41:3 41:25 42:5,12,17 52:9 55:13,17 56:14,20,22 57:4 57:23 58:10,17 59:5 60:9,20,22 60.24 66:9,18 67:6 69:10,22 mowledgeable 60:7 mows 33:23 ,2:10,23 22:15,18 ladies 62:24 632 lady 63:4 laptop 48:25 54:14 laptops 22:3 53:25 Large 3:4 late 19:17 Lauderdale 2:7 law 2:24 6:3 15.24 24:20 31:20 32:8 32:15 33:13,15 36:16 39:2 42:22 63:19 lawns 58:23 laws 44:22 leaves 37:4,4 left42:4,18 58:17 lenient 37:24 Let's 71:20 letter 2:24 23:6,17 23:18,24 24:7 letters 24:10 level 35:24 42:22 license 8:3 licenses 20:13 Lieutenant 6:25 7:2,11 17:11 25:1145:10 47:3 47:9,9 life 7:25 58:19 line 49:4 59:11 61:24 lines 62:1 list 8:24 9:3 32:18 32:25 listed 49:11 litigation 67:6 little5:17 15:2 42:24 lives 7:16 living 40:2 Loaded 34:22 locally 17:21 lodged 38:19 log 14:5,8,9,9,15 54:18 60:2 logged 67:15 long 6:3 8:15 9:23 10:7,917:19 37:25 longer 17:25 look 10:1 12:15 20:18 22:17 23:15 25:1150:6 52:25 looking 52:17 58:11 lot 8:1 15:15 19:3 31:14 62:11 Louis 2:10 mai124:12 main 46:7 maintain 15:3 45:2147:20 68:8 maintained 24:22 maintaining 55:7 majority 7:21 60:16 making 51:10 manage 15:1 Manager2:10 11:11,12 19:4 20:18,25 29:17 30:12 36:17 44:11 44:13 48:1150:18 50:24 51:3 52:16 managing 71:2 manual 15:20,22 16:2,4,8,10 Mark 2:412:9 22:20 marked 22:18 Martin 69:2,10 Marty 64:24 Mary 3:2 73:6,20 74:5,22 matter39:4 69:9 mean 68:2170:4 meaning 57:13 means 14:3 medica145:19 meeting 62:23,24 63:15,23 65:17 66:8 69:20,23 meetings 14:19 62:6 63:18 64:3 memorandum 70:14,16 memory 16:21 mentioned 20:11 mhanna®g3mla... 2:4 minimum 35:15 Minor 64:24 mischief 27:14,24 missed 3:24 missing 27:23 Mm-hmm 18:7 24:129:12 32:20 34:5 51:5 modify 16:6 Monday 1:17 3:7 25:9 33:19 money 34:24 month 46:24 monthly 47:1,25 49:9,9 months 39:13,13 55:2 moot 23:21 morning 25:4 mother 62:23 63:9 63:14 move 67:12 municipalities 38:4 MURDOCH 2:5 N name 3:17 42:8,10 58:3 67:2 naturally 36:6 nature 8:417:18 19:4 27:17 30:21 31:16 34:140:3 41:20 43:12 45:23 48:13 60:19 navigational 61:21 necessity43:18 need 8:6 35:3 needed 36:14 56:9 63:1 needs 16:7,19 33:25 neighbor's 44:2 never 36:4 39:5,15 39:15 49:16 61:6 62:18 63:15 64:1 65:1 new 5:14,15,19 6:11 10:11,21 15:5,13 16:12 17:7,15 22:13 35:25 nods 20:4 51:23 56:19 nonpermanent 49:19,21,24 normal 26:6 51:6 normally 2422 32:13 Notary 3:3 73:21 notice 2:22 3:7 22:22 23:9 67:17 number9:21 10:3 10:4,5 59:16 numbers 65:18,24 66:2,14 O o 3:22 O'Boyle 69:3,10 70:4 O'Hare 1:5 2:9 21:10 22:25 38:19 40:1,5 50:9,9 51:19 56:11,21 57:7,1160:20 62:5,24 63:5 64:2 64:6,14,25 65:8 65:10,17 66:4,12 66:20 O'Hare's 26:9 39:9 40:15 41:23 52:19 59:3 61:10 62:1 OATH 73:1 object 26:10 32:23 36:2441:1 52:9 62:7 71:18 Florida Court Reporting 561-689-0999 79 objection 67:8,9 objects 52:13,20 53:7,10,15 obstructions 50:9 obviously 63:11 occasion 20:17 occupation 3:21 occur 27:25 29:7 45:2 48:5 58:21 occurred 27:5 28:5 28:13 29:25 30:25 39:14 41:4,15 48:12 66:19 69:22 70:10 occurs 25:8 October 21:10 24:25 26:9 27:5 28:16,22 39:10 Office 31:18 34:11 42:20 officer 5:16,18,24 6:6,12 8:8 10:12 11:18,20 16:11,12 17:21 18:3,4,13 18:15,16,20,24,25 19:1,2,8,8,14 20:20,22 21:2,3 21:11,19 23:3 24:25 26:3 28:16 29:1,20,22 30:7,8 30:13,14,16,17,19 30:23 31:6,7,8 32:13,22 33:14,15 33:22 34:3 36:1 37:7 38:15,20 39:2,3,5,7,10 40:14 41:23 42:7 42:15,17 43:24 45:14 46:3,11,17 49:1154:25 55:14 56:14,18 58:17 59:2,21,23 61:5 63:20,24 65:18 officer's 48:18 60:3 officers 7:4,6,8,14 8:10,11,24 9:12 13:14,24 14:6 15:7,7 16:10 17:7 17:10,15 20:8,15 21:5 30:24 31:3 32:1,19 33:20 35:8,15 36:5 43:3 44:2449:8,12 53:9,23 54:14 57:1.6 58:6 59:6 59:10 official 73:10 officially 8:12 Oh 36:2 38:143:25 54:16 okay 4:3,18,25 5:7 5:9,13 6:3,11,14 6:24 7:4,9,17,20 7:23 8:7,10,14,16 8:20 9:14,20,25 10:4,7,10 11:9,12 11:25 12:3,7,12 13:5,8,11,14,17 13:23 14:5,18 15:2,5,9,12,17,22 16:2,9,12,17,24 17:1,2418:3,10 18:19,22,2519:7 19:11,15,18,25 20:2,8,15,20 21:1 21:5,9,13,17,19 21:23 22:1,12 23:1,7,13,17,20 24:7,12,16,16,24 25:3,7,13,20 26:16,19,23 27:1 27:4,7,11,15,22 28:4,10,2129:18 29:24 30:7,22 31:2,10,19 32:3 32:12 33:11,17,24 34:3,8 35:7,14 36:6,9,2137:3,7 37:10,14,22 38:3 38:6,14,18 39:1 39:17,20,24 40:6 40:8,11,14,20 41:6,16,19,22,25 42:5,15 43:2,6,8 43:16,20,25 44:11 44:15,21,24 45:2 45:5,8,11,13,18 45:20,24 46.2,10 46:16,20 47:4,10 47:15 48:1,4,8,14 48:18 49:2,18 50:4,8,15,19,21 51:2,9,12,18,22 52:2,6,9,I2,15,18 53:9,14,17 54:4,7 54:12,17,24 55:4 55:7,11,17,20,22 56:1,4,10,14 57:1 57:18 58:1,6,17 58:20,25 59:9,15 59:18,21,25 60:3 60:13,20 61:1,4,7 62:2,5,15,18,21 63:18 64:5,24 65:4,7,22 66:1,4 66:12,16,22 67:14 67:16,19,21,25 68:5,7,9,13,17,20 69:2,20,24 70:11 70:2171:9,15,20 72:1 once 27:19 42:10 46:13 56:9 ongoing 5:21 online 65:18 open 33:9 58:23 opening 40:25 operating 32:8 34:13 59:23 opportunity 35:13 66:21 opposed 14:1 order 60:7 67:10 ordinance 15:6,13 15:19 38:8,12 43:9,15 51:20 52:12 ordinances 37:8 703 ornamenta127:17 ornaments 28:7 Orthwein 57:20,21 57:22 61:8 owned 21:10 owners 27:20 28:9 P P.A 2:2,6 p.m 1:17 72:5 page 2:15,21 12:16 pages 17:1 Palm 1:2 2:3 3:5 16:3 73:4 74:4 paper 17:4 parameters 37.10 parked 9:22 50:5 parking 40:15 43:12 49:19,24,25 50:3 part 8:13 14:21 25:5 36:16 46:7 46:14 57:159:6 63:21 part-time 19:12,24 20:2 particular 32:5 38:7 particularly 33:9 49:6 parties 74:12 parties' 74:13 partners 6:17 Passigela 61:25 patrol 5:23 7:7 22:3 36:4 59:11 peculiar 10:25 pending 3:9 people 8:1716:18 people's 52:22 performing 59:21 period 27.4 permit 29:11 person 9:8 55:9,25 personal29:21 49:12 65:7 personally 28.8 42:5 57:15 60:24 65:8,9,10 73:7 personnel 33:21 35:5 45:12,14,24 phone 48:20 49:5,8 phones 13:17,19,21 13:24 14:1,16 48:19,24,25 49:3 49:13 phonetic 58:4 61:25 photographs 59:3 PIPER 2:6 place 9:22 61:17 placed 50:10 Plaintiff 1:6,13 2:3 3:8 Plaintiff's 2:22,23 12:13 22:15 planted 71:15,16 planting 44:2 56:11 play 11:12 36:21 37:147:21 player 34:16 please 71:7 podium 63:8 point29:14 39:25 69:24 pointed 38:11 police 2:24 3:22,22 5:8,10,16,18,19 6:12,25 7:13 8.:10 10:12 11:18 13:14 14:25 15:1 17:21 21:3,5 22:13 23:25 26:6 28:25 29:13 30:13,16 32:13 34:20 36:20 36:22 37:5,6 39:5 40:22 42:4,13,15 43:6 44:8,17,21 51:1154:8 58:7 59:23 61:1163:8 65:18 )olicies 10:10,11 10:19,25 11:6,13 11!17 15:3,12,14 15.2416:13 36:12 36:22 70:21,24 Florida Court Reporting 561-689-0999 80 71:10 policy 8:16,20 11:15 15:20,22 16:8,19 31:10 32:7,8,17 33:12 35:7,25 37:25 48:2149:14,15,18 49:25 67:25 68:15 68:23 69:11,25 70:15,25 71:17 Polo 57:7,12 61:8 position 5:9,15 6:2 18:10,22 19:10 20:6 positions 30:20 possess 12:20 possible 43:21 post 22:22 potential 22:22 23:9 practiced 52:10 precinct 6:19 predecessor 6:1 preparation 47:22 54:18 preparations 54:17 preparedness 68:3 present 2:9 13:5 18:3 47:1165:16 presume 5:5 pretty 12:5 58:16 59:20 previous 33:18 36:17 previously 6:9 60:15 primarily 7:21 29:4 private 49:19 privilege 3:25 probably 4:23 15:14 42:8 problem 8:5 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24:6 26:8,21,23 27:4 28:18 38:9 38:13,21.51:18 52:19 57:19,24 58:3,22 61:9 62:17 63:17 65:15 68:2169:1,2,19 70:9 receipt 67:17 receive 20:5 24:5 32:2 received 32:6 43:21 44:8 50:22 54:21 61:1165:22 68:12 69:3 receiving 22:22 23:18 24:6 31:17 51:18 52:19 69:12 reclassified 27:24 recognized 44:18 recollection 30:17 53:16 record 3:24 10:5 23:1124:8 53:20 60:166:3,13 71:21 records 12:19,19 49:7 60:4 65:6 66:23,24 67:6,21 68:2,10,13,18,24 69:4 70:1,13 reduced 19:19 reference 46:16 referred 26:20 64:5 referring 14:13 24:2132:12 54:24 regard 30:1132:24 36:20 37:12,24 48:13 52:17 regarding 11:17 13:14 14:15 15:12 16:13 20:9 24:24 28:16 31:1132:17 33:14 34:9 38:14 38:20 39:9,10 40:20 43:20 46:5 46:24 47:16 49:18 49:25 50:9,16 51:3,19 52:13,19 53:15 54:17 56:11 58:8,23 61:4,8,11 61:23 66:13,16 68:23 69:3,25 registered 3:3 8:3 37:19 74:5 registration 37:16 37:17 regulation 38:8,12 58:23 regulations 50:2 related 15:24 23:5 70:2 relation 27:5 relative 74:11,13 relying 56:20 remember 4:16,18 30:14 34:4 58:11 remove 56:21 61:21 removed 65:25 66:2,17 rephrase5:2 replace 56:4 replaced 55:18,20 report 11:9 21:14 21:16,20 25:1,3 26:3,11,13,21 29:2,8,10 41:23 43:6 46:13,24 47:1,25 48:17 54:19,25 55:1,15 61:1162:174:7 report's 57:21 reportable 47:14 reported 47:5 Reporter 3:3 12:10 67:174:6 reporter's 4:22 reports 21:17 22:2 22:6,7 25:14,18 25:20 27:1,5 33:18,2146:6,8 46:11,17,23 47:18 48:9,1153:23 54:18 57:5,17,18 58:7,8 reprimanded 38:16 request 8:23 40:5 44:7 56:8 66:23 67:2168:2,18 70:1 requested 19:5 requester 67:18 requests 20:18 65:6 66:24 68:10,13,24 69:4 70:3 require 15:15 required 30:25 34:1 requirement 11:19 requires 43:13 56:2 residence 4:5 32:14 32:22 resident 9:23 37:21 44:1 60:23 residents 9:19 38:24 Florida Court Reporting 561-689-0999 19 respond 11:5 17:16 31:1 responded 67:20 response40:7 responsibilities 15:18 17:12 35:22 37:4 responsibility 7:15 63:21 responsible 15:6 46:2155:7 61:23 result 28:22 29:1 39:1151:24 61:18 retire 20:158:19 retired 5:22 6:1 18:24 19:22 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