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HomeMy Public PortalAboutPRR 16-2102THIS REQUEST #1190 SUPERSEDES THE ATTACHED REQUESTS #1186,1187,1188 AND 1189 RECORDS REQUEST (the "Request") Date of Request: 1/28/2016 Requestor's Request ID#: 1190 REQUESTEE: Custodian of Records Sweetarmle, Broeker & Varkas: Custodian of Records Jones, Foster, Johnston & Stubbs: Custodian of Records Town of Gulf Stream: and Custodian of Records Richman Greer, P.A. REQUESTOR: Martin E. O'Boyle REQUESTOR'S CONTACT INFORMATION: E -Mail: records@commerce-group.com Fax: 954-360-0807 or Contact Records Custodian at records(a-),commerce-groui3.com: Phone: 954-360-7713; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442 REQUEST: 1. Please provide copies of all depositions (paper depositions, video depositions and audio depositions) where the deponent was Joel Chandler. This request is for the period beginning January 1, 2013 through the date of this Request (the "Period"). 2. Please provide copies of all sworn statements and timelines prepared by, related to or in connection with Joel Chandler at any time during the Period. ADDITIONAL INFORMATION REGARDING REQUEST: THIS REQUEST IS MADE PURSUANT TO ARTICLE L SECTION 24 OF THE FLORIDA CONSTITUTION AND CHAPTER 119, FLORIDA STATUTES IF THE PUBLIC RECORDS BEING SOUGHT ARE MAINTAINED BY YOUR AGENCY IN AN ELECTRONIC FORMAT PLEASE PRODUCE THE RECORDS IN THE ORIGINAL ELECTRONIC FORMAT IN WHICH THEY WERE CREATED OR RECEIVED. SEE 4119.01(2)(F), FLORIDA STATUTES. IF NOT AVAILABLE IN ELECTRONIC FORM, IT IS REOUESTED THAT THIS RECORDS REOVESF BE FULFILLED ON I1 X 17 PAPER. NOTE: IN ALL CASES (UNLESS IMPOSSIBLE) THE COPIES SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 119.07(4) (a) (2) ALSO PLEASE TAKE NOTE OF §I19.07(1)(H) OF THE FLORIDA STATUTES, WHICH PROVIDES THAT 'IF A CIVIL ACTION IS INSTITUTED WITHIN THE 30 -DAV PERIOD TO ENFORCE THE PROVISIONS OF THIS SECTION WITH RESPECT TO THE REQUESTED RECORD, THE CUSTODIAN OF PUBLIC RECORDS MAY NOT DISPOSE OF THE RECORD EXCEPT BY ORDER OF A COURT OF COMPETENT JURISDICTION AFTER NOTICE TO ALL AFFECTED PARTIES." ALL ELECTRONIC COPIES ARE REQUESTED TO BE SENT BY E-MAIL DELIVERY. PLEASE PROVIDE THE APPROXIMATE COSTS (IF ANY) TO FULFILL THIS PUBLIC RECORDS REQUEST IN ADVANCE. It will be required that the Requestor approve of any costs, asserted by the Agency (as defined In Florida Statute, Chapter 119.01 (Dentitions)), in advance of any costs Imposed to the Requestor by the Agency. "BY FULFILLING THIS RECORDS REQUEST, THE AGENCY ACKNOWLEDGES THAT THE RESPONSIVE DOCUMENTS ARE "PUBLIC RECORDS" AS DEFINED IN CHAPTER 119, FLORIDA STATUTES". UP/NP/FLRR 0728.2015 RECORDS REQUEST (the "Request") Date of Request: 1/26/16 Requestor's Request ID#: 1188 REQUESTEE: Custodian of Records Town of Gulf Stream REQUESTOR: Martin E. O'Boyle REQUESTOR'S CONTACT INFORMATION: E -Mail: records@commerce-group.com Fax: 954-360-0807 or Contact Records Custodian at records amcommerce-krourl.com: Phone: 954-360-7713; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442 REQUEST: I Please provide copies of any depositions (Darter depositions video depositions and audio depositions) where the deponent was Joel Chandler. This request is for the period beginning January 1, 2013 through the date of this Request (the "Period"). 2. Please provide copies of all sworn statements and timelines prepared by or related to Joel Chandler for the Period. ADDITIONAL INFORMATION REGARDING REQUEST: The term "Town of Gulf Stream" shall mean each of the following: the Town of Gulf Stream. its Commissioners its Manager, its emolovees its Police Department, its Police Officers and its Counsel (including, without limitation, the following law firms) Sweetapple, Broeker & Varkas: Richman Greer, PA: and Jones. Foster, Johnston & Stubbs. (including, without limitation, the attorneys, employees and partners of each such law firm.) THIS REQUEST IS MADE PURSUANT TO ARTICLE 1, SECTION 24 OF THE FLORIDA CONSTITUTION AND CHAPTER 119, FLORIDA STATUTES IF THE PUBLIC RECORDS BEING SOUGHT ARE MAINTAINED BY YOUR AGENCY IN AN ELECTRONIC FORMAT PLEASE PRODUCE THE RECORDS IN THE ORIGINAL ELECTRONIC FORMAT IN WHICH THEY WERE CREATED OR RECEIVED. SEE V 19.01(2)(F), FLORIDA STATUTES. IF NOT AVAILABLE IN ELECTRONIC FORM, IT IS REQUESTED THAT THIS RECORDS REQUEST BE FULFILLED ON 11 X 17 PAPER NOTE: IN ALL CASES (UNLESS IMPOSSIBLE) THE COPIES SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 119.07[4) (a) R) ALSO PLEASE TAKE NOTE OF fit 19.07MBH) OF THE FLORIDA STATUTES, WHICH PROVIDES THAT "IFA CIVIL ACTION IS INSTITUTED WITHIN THE 30 -DAY PERIOD TO ENFORCE THE PROVISIONS OF THIS SECTION WITH RESPECT TO THE REQUESTED RECORD, THE CUSTODIAN OF PUBLIC RECORDS MAY NOT DISPOSE OF THE RECORD EXCEPT BY ORDER OF A COURT OF COMPETENT JURISDICTION AFTER NOTICE TO ALL AFFECTED PARTIES.^ ALL ELECTRONIC COPIES ARE REOUESTED TO BE SENT BY E-MAIL DELIVERY. PLEASE PROVIDE THE APPROXIMATE COSTS (IF ANY) TO FULFILL THIS PUBLIC RECORDS REQUEST IN ADVANCE. It will be required that the Requester approve of any costs, asserted by the Agency (as defined in Florida Statute, Chapter 119.01 (Definitions)), In advance of any costs Imposed to the Requester by the Agency. "BY FULFILLING THIS RECORDS REQUEST, THE AGENCY ACKNOWLEDGES THAT THE RESPONSIVE DOCUMENTS ARE "PUBLIC RECORDS" AS DEFINED IN CHAPTER 119, FLORIDA STATUTES". I/P/NPIFLRR 07.28.2015 RECORDS REQUEST (the "Request") Date of Request: 1/26/16 Requestor's Request ID#: 1189 REQUESTEE: Custodian of Records Richman Greer, P.A. REQUESTOR: Martin E. O'Boyle REQUESTOR'S CONTACT INFORMATION: E -Mail: records@commerce-group.com Fax: 954-360-0807 or Contact Records Custodian at records commerce-groun.com; Phone: 954-360-7713; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442 REQUEST: L Please provide copies of any depositions (paper depositions, video depositions and audio depositions) where the deponent was Joel Chandler. This request is for the period beginning January 1. 2013 through the date of this Request (the "Period"). 2. Please provide copies of all sworn statements and timelines prepared by or related to Joel Chandler for the Period. ADDITIONAL INFORMATION REGARDING REQUEST: The term "Town of Gulf Stream" shall mean each of the following: the Town of Gulf Stream, its Commissioners. its Manager, its emnlovees. its Police Department, its Police Officers and its Counsel (including, without limitation, the following law firms) Sweetanple. Broeker & Varkas: Richman Greer. PA: and Jones. Foster. Johnston & Stubbs, (including, without limitation, the attorneys, employees and partners of each such law firm.) THIS REQUEST IS MADE PURSUANT TO ARTICLE 1, SECTION 24 OF THE FLORIDA CONSTITUTION AND CHAPTER 119, FLORIDA STATUTES IF THE PUBLIC RECORDS BEING SOUGHT ARE MAINTAINED BY YOUR AGENCY IN AN ELECTRONIC FORMAT PLEASE PRODUCE THE RECORDS IN THE ORIGINAL ELECTRONIC FORMAT IN WHICH THEY WERE CREATED OR RECEIVED. SEE5119.01(2)(F). FLORIDA STATUTES. IF NOT AVAILABLE IN ELECTRONIC FORM, IT IS REQUESTED THAT THIS RECORDS REQUEST BE FULFILLED ON 11 X 17 PAPER. NOTE: IN ALL CASES (UNLESS IMPOSSIBLE) THE COPIES SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 119.07(4) la) (2) ALSO PLEASE TAKE NOTE OF §1 19.07(t)(H) OF THE FLORIDA STATUTES. WHICH PROVIDES THAT "IF A CIVIL ACTION IS INSTITUTED WITHIN THEID-DAY PERIOD TO ENFORCE THE PROVISIONS OFTHIS SECTION WITH RESPECT TO THE REQUESTED RECORD, THE CUSTODIAN OF PUBLIC RECORDS MAY NOT DISPOSE OF THE RECORD EXCEPT BY ORDER OF A COURT OF COMPETENT JURISDICTION AFTER NOTICE TO ALL AFFECTED PARTIES." ALL ELECTRONIC COPIES ARE REQUESTED TO BE SENT BYE -MAH. DELIVERY. PLEASE PROVIDE THE APPROXIMATE COSTS (IF ANY) TO FULFILL THIS PUBLIC RECORDS REQUEST IN ADVANCE. It tviil be required that the Requestor approve of any costs, asserted by the Agency (as dented In Florida Statute, Chapter 119.01 (Definitions)), In advance of any costs Imposed to the Requestor by the Agency. "BY FULFILLING THIS RECORDS REQUEST, THE AGENCY ACKNOWLEDGES THAT THE RESPONSIVE DOCUMENTS ARE "PUBLIC RECORDS" AS DEFINED IN CHAPTER 119, FLORIDA STATUTES". 1/P/NP/FLRR 07.26.2015 RECORDS REQUEST (the "Request") Date of Request: 1/26/16 Requestor's Request ID#: 1186 REQUESTEE: Custodian of Records Sweetapple. Broeker & Varkas REQUESTOR: Martin E. O'Boyle REQUESTOR'S CONTACT INFORMATION: E -Mail: records@commerce-group.com Fax: 954-360-0807 or Contact Records Custodian at tecordsocommerce-group-cpm: Phone: 954-360-7713; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442 REQUEST: 1. Please provide copies of any depositions (paper depositions, video depositions and audio depositions) where the deponent was Joel Chandler. This request is for the period beginning January 1, 2013 through the date of this Request (the "Period"). 2. Please provide copies of all sworn statements and timelines prepared by or related to Joel Chandler for the Period. ADDITIONAL INFORMATION REGARDING REQUEST: The term "Town of Gulf Stream" shall mean each of the following: the Town of Gulf Stream, its Commissioners, its Manager- its employees, its Police Department, its Police Officers and its Counsel (including, without limitation, the following law firms) Sweetanole, Broeker & Varkas: Richman Greer, PA: and Janes. Foster, Johnston & Stubbs. (including, without limitation, the attorneys, employees and partners of each such law firm.) THIS REQUEST IS MADE PURSUANT TO ARTICLE I, SECTION 24 OF THE FLORIDA CONSTITUTION AND CHAPTER 119, FLORIDA STATUTES IF THE PUBLIC RECORDS BEING SOUGHT ARE MAINTAINED BY YOUR AGENCY IN AN ELECTRONIC FORMAT PLEASE PRODUCE THE RECORDS IN THE ORIGINAL ELECTRONIC FORMAT IN WHICH THEY WERE CREATED OR RECEIVED. SEE 4119.01(2)(F). FLORIDA STATUTES. IF NOT AVAILABLE IN ELECTRONIC FORM, IT IS REQUESTED THAT THIS RECORDS REQUEST BE FULFILLED ON 11 X 17 PAPER. NOTE: IN ALL CASES (UNLESS IMPOSSIBLE) THE COPIES SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 119.07(4) (a) (2) ALSO PLEASE TAKE NOTE OF §119.07(1)(H) OF THE FLORIDA STATUTES. WHICH PROVIDES THAT "IF A CIVIL ACTION IS INSTITUTED WITHIN THE 30 -DAY PERIOD TO ENFORCE THE PROVISIONS OF THIS SECTION WITH RESPECT TO THE REQUESTED RECORD, THE CUSTODIAN OF PUBLIC RECORDS MAY NOT DISPOSE OF THE RECORD EXCEPT BY ORDER OF A COURT OF COMPETENT JURISDICTION AFTER NOTICE TO ALL AFFECTED PARTIES." ALL ELECTRONIC COPIES ARE REQUESTED TO BE SENT BY E-MAIL DELIVERY. PLEASE PROVIDE THE APPROXIMATE COSTS (IF ANY) TO FULFILL THIS PUBLIC RECORDS REQUEST IN ADVANCE. It will be required that the Requester approve of any costs, asserted by the Agency (as defined in Florida Statute, Chapter 119.01 (Definitions)), in advance of any costs imposed to the Requester by the Agency. "BY FULFILLING THIS RECORDS REQUEST, THE AGENCY ACKNOWLEDGES THAT THE RESPONSIVE DOCUMENTS ARE "PUBLIC RECORDS" AS DEFINED IN CHAPTER 119, FLORIDA STATUTES". UP/NP/FLRR 07.28.2015 RECORDS REQUEST (the "Request") Date of Request: 1/26/16 Requestor's Request ID#: 1187 REQUESTEE: Custodian of Records Jones, Foster, Johnston & Stubbs REQUESTOR: Martin E. O'Boyle REQUESTOR'S CONTACT INFORMATION: E -Mail: records@commerce-group.com Fax: 954-360-0807,6r Contact Records Custodian at records(Jcornmerce-group.com; Phone: 954-360-7713; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442 REQUEST: 1. Please provide copies of any depositions (paper depositions, video depositions and audio depositions) where the deponent was Joel Chandler. This request is for the period beginning January 1, 2013 through the date of this Request (the "Period"). 2. Please provide copies of all sworn statements and timelines prepared by or related to Joel Chandler for the Period. ADDITIONAL INFORMATION REGARDING REQUEST: The term "Town of Gulf Stream" shall mean each of the following: the Town of Gulf Stream, its Commissioners, its Manager, its employees, its Police Department, its Police Officers and its Counsel (including, without limitation, the following law firms) Sweetapple, Broeker & Varkas; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs, (including, without limitation, the attorneys, e=llovees and partners of each such law firm.) THIS REQUEST IS MADE PURSUANT TO ARTICLE I, SECTION 24 OF THE FLORIDA CONSTITUTION AND CHAPTER 119, FLORIDA STATUTES IF THE PUBLIC RECORDS BEING SOUGHT ARE MAINTAINED BY YOUR AGENCY IN AN ELECTRONIC FORMAT PLEASE PRODUCE THE RECORDS IN THE ORIGINAL ELECTRONIC FORMAT IN WHICH THEY WERE CREATED OR RECEIVED. SEE 6119.01(2)(F), FLORIDA STATUTES. IF NOT AVAILABLE IN ELECTRONIC FORM, IT IS REQUESTED THAT THIS RECORDS REQUEST BE FULFILLED ON Il X 17 PAPER. NOTE: IN ALL CASES (UNLESS IMPOSSIBLE) THE COPIES SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 119.07(4) (a) (2) ALSO PLEASE TAKE NOTE OF § I19.07(1)(H) OF THE FLORIDA STATUTES. WHICH PROVIDES THAT "IF A CIVIL ACTION IS INSTITUTED WITHIN THE 30 -DAY PERIOD TO ENFORCE THE PROVISIONS OF THIS SECTION WITH RESPECT TO THE REQUESTED RECORD, THE CUSTODIAN OF PUBLIC RECORDS MAY NOT DISPOSE OF THE RECORD EXCEPT BY ORDER OF A COURT OF COMPETENT JURISDICTION AFTER NOTICE TO ALL AFFECTED PARTIES." ALL ELECTRONIC COPIES ARE REOUESTED TO BE SENT BY E -MATE DELIVERY. PLEASE PROVIDE THE APPROXIMATE COSTS (IF ANY) TO FULFILL THIS PUBLIC RECORDS REQUEST IN ADVANCE. It will be required that the Requestor approve of any costs, asserted by the Agency (as defined In Florida Statute, Chapter 119.01 (Definitions)), in advance of any costs imposed to the Requestor by the Agency. 'BY FULFILLING THIS RECORDS REQUEST, THE AGENCY ACKNOWLEDGES THAT THE RESPONSIVE DOCUMENTS ARE "PUBLIC RECORDS" AS DEFINED IN CHAPTER 119, FLORIDA STATUTES". UP/NP/FLRR 07.28.2015 From: OConnor, Joanne M.[mailto:JOConnor@jonesfoster.com] Sent: Tuesday, February 2, 2016 2:49 PM To: Marty O'Boyle <moboyle@commerce-group.com> Cc: rsweetapple@sweetapplelaw.com; Rita Taylor <RTaylor@gulf-stream.org>; grichman@richmangreer.com; Nick Taylor<ntaylor@oboylelawfirm.com>; Daniel DeSouza <ddesouza@desouzalaw.com> (ddesouza@desouzalaw.com) <ddesouza@desouzalaw.com>; Elaine James <ejames@elainejohnsonjames.com> (ejames@elainejohnsonjames.com) <ejames@elainejohnsonjames.com>; Macfarlane, Mary <MMacfarlane@jonesfoster.com> Subject: RE: RECORDS REQUEST #1190 - SUPERSEDES #1186.1187, 1188 AND 1189 Marty — Further to my attached email response re PRR 1187, attached hereto, the only records this Firm possesses responsive to your attached request PRR 1190 (which is identical to the now superseded PRR 1187) are as follows: - PDF of a Timeline sent by Joel Chandler 7/18/2014; - Written transcript and video of a sworn statement provided by Joel Chandler to R. Sweetapple on 7/23/2014 A claim of privilege has been asserted as to information in both of these records and we therefore are unable to produce them. Regards, JONES FOSTER Joanne M. O'Connor Attorney Direct Dial: 561.650.0498 1 Fax: 561.650.5300 1 ioconnor_,jonesfoster.com Jones, Poster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Hagler Drive, Suite 1 100,Vest Palm Beach, Florida 33101 561-659-3000 1 www.jonesfoster.com Incoming emails are filtered which may delay receipt. Phis email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. if so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. Kelly Ave From: OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent: Tuesday, January 26, 2016 4:39 PM To: Records Cc: Elaine James <ejames@elainejohnsonjames.com> (ejames@elainejohnsonjames.com); Daniel DeSouza <ddesouza@desouzalaw.com> (ddesouza@desouzalaw.com); Nick Taylor, Macfarlane, Mary Subject: RE: RECORDS REQUEST #1187 Attachments: RR #1187 Jones Foster 01.26.16.pdf, 11 -79693 -motion show cause re cafi v sweetapple.PDF,, 1 MJ1448-affidavit chandler.PDF To Whom It May Concern, Please allow this email to respond to your attached purported record request #1187, which we do not concede has been properly made to this private law firm under the Public Records Act. This Firm is not the custodian of the public records that you seek. Subject to and without waiving our objections, please be advised that the records that you seek As you are aware, on July 23, 2014, counsel for the Town of Gulf Stream, Bob Sweetapple, Esq. took a sworn statement of Joel Chandler, former Executive Director of the Citizens' Awareness Foundation, Inc. ("CAFP'). Aside from the attached 10/27/14 Chandler affidavit publicly filed in O'Boyle v. O'Hare, Case No. 502014CA004474XXXXMB, that is the only swom statement or deposition of Mr. Chandler in the possession of this firm. On September 26, 2014, Martin O'Boyle filed a Verified Motion to Disqualify this law firm and Sweetapple, Broeker & Varkas, P.L. on the grounds that the law firms had purportedly solicited privileged information of CAFI, from Mr. Chandler including by taking Mr. Chandler's sworn statement. That motion, which has since been withdrawn by Mr. O'Boyle's co- counsel Mitchell Berger, Esq. was filed in O'Boyle v. Gulf Stream, Case No. 2014CA004474XXXXMBAA, pending before Judge Blanc. On September 30, 2014, CAFI filed suit against Mr. Sweetapple's law firm, asserting claims in replevin and conversion of documents that Mr. Chandler provided to Mr. Sweetapple and which CAFI now claims are protected by its attorney-client privilege. See Citizens Awareness Foundation, Inc. v. Sweetapple, Broeker & Varkas, PI, Case No. 502014CAO11941X KXMB AA. That case is also pending before Judge Blanc. On that same day in September 2014, on behalf of Martin O'Boyle, Nicklaus Taylor of The O'Boyle Law Firm served a Second Request for Production of Documents on the Town in O'Boyle v. Gulj Stream, Case No. 2014CA004474XXXXMBAA. That request for documents expressly sought any "transcripts" reflecting communications between Mr. Sweetapple and Mr. Chandler, i.e., the very document previously suggested to contain privileged information of CAFI. On November 5, 2014, the Town produced the Chandler statement to Mr. O'Boyle care of Mr. Taylor, Mitchell Berger, Esq. and his associates, and Daniel Desouza. No counsel acting for Mr. O'Boyle or CAFI has returned the Chandler statement that was solicited by Mr. O'Boyle or otherwise advised that it has not been shared with Mr. O'Boyle. On December 1, 2014, Mr. Desouza on behalf of CAFI filed a motion for an order to show cause as to why the Sweetapple firm should not be required to return the purportedly privileged documents, asserting that Mr. Chandler had no right to waive CAFI's privilege relative to communications between CAFI and its attorneys at the O'Boyle Law Firm. Without specifically identifying any confidential or privileged information in Mr. Chandler's statement, the motion also generally asserts that CAM's confidential and privileged information was "used in connection with" the July 23, 2014 statement. CAFI thereafter moved to file under seal the Chandler statement that its counsel had previously obtained on behalf of third - party Martin O'Boyle. In addition to the foregoing, on October 30, 2014, Vrenda Cain, Esq. of the O'Boyle Law Firm filed on behalf of Christopher O'Hare an Amended Motion to Disqualify my firm in O Hare v. Gulf Stream, Case No. 2014-CA-008327JIXXXMBAF. That motion, which is pending, asserts that this law firm solicited and obtained confidential and privileged information of CAFI from Mr. Chandler. In March 2015, I followed up with Mr. Desouza to advise that public records requests had been made to the Town for the Chandler statement and he reasserted his position, with a copy to counsel for Martin O'Boyle that a claim of privilege has been made. (email correspondence attached). In sum, as the Town previously advised Christopher O'Hare in response to his public records request GS#1552 for "Joel Chandler's testimony", a claim of privilege has been made to the testimony and the timeline that you seek. Until that claim of privilege raised by CAM has been resolved by the court, the Town and this Firm are unable to produce any records responsive to your request. Regards, JONESFOSTER Josimm-4 ksruaas. ra. Joanne M. O'Connor Attomey Direct Dial: 561.650.0498 Fax: 561.650.5300 I j onnor _jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Hagler Center Tower, 505 South Hagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 1 vwvw.jonesfoster.com Incoming emails are filtered which may delay receipt. 'this email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Records [mailto:records@commerce-group.com] Sent: Tuesday, January 26, 2016 8:39 AM To: OConnor, Joanne M. Subject: RECORDS REQUEST #1187 Filing # 21101898 Electronically Filed 12/01/2014 06:33:23 PM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY. FLORIDA CASE NO. 502014CAO11941 (AH) CITIZENS AWARENESS FOUNDATION, INC., a Florida non profit corporation, Plaintiff, V. SWEETAPPLE, BROEKER & VARKAS, P.L., Defendant. MOTION FOR ENTRY OF ORDER TO SHOW CAUSE Plaintiff Citizens Awareness Foundation, Inc. ("CAFI" or "Plaintiff'), pursuant to Fla. Stat. § 78.065, moves this Court for the entry of an order directing defendant Sweetapple, Broeker & Varkas, P.L. ("Defendant") to show cause why CAFI's privileged and confidential property that is the subject of CAFI's Complaint (attached hereto as Exhibit "A") should not be taken from Defendant's possession and returned to CAFI, and states as follows: I. It is not up to Defendant to unilaterally determine if documents are privileged, not privileged, or an exception to privilege. That is up to the Court. Defendant's obligation upon receiving CAFI's privileged and confidential documents was to notify CAFI and tum them over to the Court, the Florida Bar, or some other neutral for a determination on what documents Defendant can retain, review, or use -- and not simply use them all as it sees fit. See Castellano v. Winthrop, 27 So. 3d 134, 137 (Fla. 5th DCA 2010); Fla. Bar ProfI Ethics Comm., Formal Op. 07-1. 2. Joel Chandler ("Chandler") served as the Executive Director of CAFI from February 17, 2014 to June 20, 2014, when he tendered his resignation letter. 3. During his tenure with CAFI, Chandler regularly interacted and corTesponded with CAFI's outside counsel about its pending and prospective lawsuits. To that end, Chandler sent and/or received (on behalf of CAFI) hundreds, if not thousands, of documents protected by the attomey-client privilege and/or work product doctrine. 4. In addition, as Executive Director, Chandler had unfettered access to CAM's confidential documents concerning CAM's operations, finances, and employee records. 5. Prior to tendering his resignation to CAFI on June 30, 2014, Chandler copied approximately 31,000 documents from CAFI's server storage system to an external hard drive, including but not limited to documents protected by the attorney-client privilege and/or work product doctrine sent to and/or received from CAM's attorneys, confidential information concerning CAFI's employees (such as social security numbers and other personal records), and confidential documents relating to CAFI's operations and finances. 6. When Chandler announced his resignation from CAFI on June 30, 2014, The Town of Gulf Stream ("the "Town") already engaged Defendant to represent the Town as counsel in certain public records litigation against CAFI. Robert Sweetapple, Esq. ("Mr. Sweetapple") is a named partner/shareholder with Defendant and is the primary attorney at Defendant representing the Town in that litigation. 7. Subsequent to Chandler's resignation from CAFI, Chandler and Mr. Sweetapple met in Lakeland, FL to discuss CAFI, its operations, and its relationship with its attorneys. During this meeting, Chandler revealed CAFI's privileged and confidential information to Mr. Sweetapple. 8. Further, Chandler provided to Mr. Sweetapple the privileged and confidential CAM documents that he copied from CAFI's servers on to his hard drive, including but not Pi limited to documents protected by the attorney-client privilege and/or work product doctrine that were sent to and/or received from CAFI's outside counsel. Among those documents are attorney-client privileged communications relating to active and ongoing litigation by CAR against the Town (which is represented by Mr. Sweetapple and Defendant). Examples of CAR documents protected by the attorney-client privilege and/or work product doctrine that Chandler copied to his hard drive without authorization and then gave to Defendant are attached hereto as composite Exhibit B, which has been filed under seal. 9. Under Florida law, "[i]t is axiomatic that a lawyer in representing a party to a lawsuit may not, in the absence of a court order, become privy to any privileged attorney-client communications involving the opposing party to the lawsuit." Adelman v. Adelman, 561 So. 2d 671, 672 (Fla. 3d DCA 1990). 10. Moreover, when an attorney receives privileged and confidential documents belonging to the opposing party, that attorney must notify the opposing party those documents are in his possession and the attorney cannot unilaterally determine whether they can be retained, reviewed, and used. "The Florida Bar Commission on Professional Ethics has opined that when an attorney receives confidential documents he or she ]mows or reasonably should know were wrongfully obtained by his client, he or she is ethically obligated to advise the client that the materials cannot be retained, reviewed, or used without first informing the opposing party that the attorney and/or client have the documents at issue. If the client refuses to consent to disclosure, the attorney must withdraw from further representation." Castellano v. Winthrop, 27 So. 3d 134,137 (Fla. 5th DCA 2010). 11. Even though Defendant has refused CAFI's requests that Defendant confirm the existence of the CAR documents that Chandler provided to it, Defendant used some of those 3 privileged documents during the September 15, 2014 deposition of Martin O'Boyle in O'Boyle v. Town of Golf Sbrmn, Case No. 502014CA004474XXXXMB when Mr. Sweetapple read into the record a privileged CAFI e-mail, and he refused to introduce it as an exhibit or provide a copy to opposing counsel. 12. In addition to that e-mail, it is believed that Chandler provided Defendant with hundreds of privileged e-mails forwarding draft litigation documents, privileged e-mails relating to the settlement of active litigation, and documents containing confidential data of CAFI and its employees. 13. Additionally, since Chandler appropriated CAM's documents and provided those documents to Defendant, CAFI's privileged and confidential documents have been referenced and quoted in newspaper articles (see composite Exhibit D) and used in connection with a unilateral sworn statement by Chandler to Defendant (see composite Exhibit E, filed under seal), without CAFI's ability to participate and protect its information. Portions of that statement have been used merely to unfairly sensationalize CAFI's legitimate activities requesting information in connection with its First Amendment rights. 14. Defendant refuses to identify, return or destroy all CAFI's confidential and privileged documents in its possession, custody or control despite repeated demands by CAFI and Defendant's knowledge that Chandler took them from CAFI without CAFI's permission or authorization. 15. CAFI's counsel repeatedly advised Defendant that Defendant did not have consent or permission to possess or access any of the information and/or documents improperly disclosed by Chandler to it, that Defendant assumed all risk of refusing to return all of the 1 See Deposition Transcript of Martin O'Boyle, 217:25 — 219:17, an excerpt of which is attached hereto as Exhibit "C", filed under seal. 4 information and/or documents disclosed to it, and that Defendant's possession and access to any of the information and/or documents was considered unlawful. 16. Further, there is no dispute that Chandler — a former director of CAM — had no authority or ability to waive CAM's privilege or confidentiality as to the documents at issue: In Florida, all corporate powers are exercised by, or under the authority of, the corporation's board of directors. Section 607.111(1), Florida Statutes. The power to exercise the corporate lawyer -client privilege rests with the corporation's management. When the control of a corporation passes to new management, the authority to assert and waive the lawyer -client privilege passes as well. Tail of the Pup, Inc. v. Webb, 528 So. 2d 506, 507 (Fla. 2d DCA 1988). To be clear, "[d]isplaced managers may not assert the privilege over the wishes of current managers, even as to statements that the former might have made to counsel concerning matters within the scope of their corporate duties." Rogan v. Oliver, 110 So. 3d 980, 983 (Fla. 2d DCA 2013). Even if Chandler was the recipient or sender of the documents at issue, he had no ability to waive CAFI's privilege as to those documents because he was a former director at the time of their transmission to Defendant. 17. In the Complaint, CAFI alleges the statutory requirements for replevin. Specifically, CAFI alleges as follows: a. The claimed property consists of all documents, data, and/or information taken by Chandler from CAFI that Chandler provided to Defendant (through Mr. Sweetapple or otherwise) after Chandler tendered his resignation to CAFI on June 30, 2014 (the "Data"). To the best knowledge, information and belief of CAFI, Defendant is holding the Data in electronic format on its firm computer network, and possibly also in paper format. 5 b. The value of the Data to a third party is de minimus,2 but is worth tens of thousands of dollars to CAFI. C. CAFI is the owner of the Data taken by Chandler and is entitled to possession of the Data, having created and/or stored the Data on CAFI's computer network. d. The Data is wrongfully detained by Defendant. Chandler came into possession of the Data when he wrongfully copied the Data from CAM's computer network. Chandler then provided, without CAFI's authorization, the Data to Defendant after Chandler tendered his resignation to CAFI on June 30, 2014. e. The Data has not been taken for a tax, assessment, or fine pursuant to law. f. The Data has not been taken under an execution or attachment against the property of CAFI. 18. Because CAFI has sufficiently alleged the statutory requirements of replevin, it is appropriate to enter the proposed Order to Show Cause (attached as Exhibit "F"). See Prism Educational Systems, Inc. v. Quest Achievement Corp., 51 So. 3d 1262, 1262 (Fla. 4th DCA 2011) (reversing trial court for denying plaintiff's motion for show cause hearing for prejudgment writ of replevin because statutory requirements for replevin were sufficiently alleged in complaint). Dated: December 1, 2014. DESOUZA LAW, P.A. 1515 N. University Drive It is difficult to gauge the value of the Data to parties engaged in litigation against CAFI. As stated above, Defendant represents the Town in several pending public records cases filed against it by CAFI. Many of the privileged documents improperly taken by Chandler (and presumably provided to Defendant) relate to litigation against the Town. That Defendant is presumably in possession of privileged documents detailing litigation/settlement strategy in cases that it is directly involved would certainly be highly valuable to Defendant's client, the Town, and tremendously harmful to CAFI. 6 Suite 209 Coral Springs, FL 33071 Telephone: (954) 551-5320 DDesouza(a)desouzalaw.com By: /s/ Daniel DeSouza, Esq. Daniel DeSouza, Esq. Florida Bar No.: 19291 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on December 1, 2014, 1 electronically filed the foregoing document with the Clerk of the Court using the Florida E -Filing Portal. DESOUZA LAW, P.A. By: /s/ Daniel DeSouza, Ego. Daniel DeSouza, Esq. 4835.1883.7791, v. 1 Filing 4 18839019 Electronically Filed 09/30/2014 03:49:49 PM EXHIBIT "A" IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CITIZENS AWARENESS FOUNDATION, INC., a Florida non profit corporation, Plaintiff, V. SWEETAPPLE, BROEKER & VARKAS, P.L., Defendant. CASE NO. COMPLAINT Plaintiff Citizens Awareness Foundation, Inc. ("CAFI" or "Plaintiff') sues Defendant Sweetapple, Broeker & Varkas, P.L. ("Defendant"), and alleges as follows: PARTIES, JURISDICTION. AND VENUE 1. This Court has subject matter jurisdiction over this case in that it is an action at law where the amount in controversy exceeds the sum of $15,000.00, exclusive of interest and costs, and attorneys' fees. This Court also has subject matter jurisdiction over this case pursuant to Fla. Stat. § 78.03. 2. Plaintiff is a Florida non profit corporation with its principal place of business located at 1280 W. Newport Center Drive, Deerfield Beach, FL 33442. 3. Venue is proper in Palm Beach County because Defendant is a Florida corporation that has an office for the transaction of its customary business in Palm Beach County, Florida. BACKGROUND 4. Plaintiff was incorporated on January 27, 2014 and is a non-partisan, not-for- profit organization dedicated to, among other things, the proposition that members of the public have a right to know what their government is doing in their name and at their expense. 5. Plaintiff regularly audits state and local public agencies and vendors for their compliance with Florida's expansive open government laws. These audits are conducted in- person and electronically. 6. Plaintiff's efforts often expose violations of the Public Records Act and/or the Sunshine Laws as well as other civil rights violations. When appropriate, Plaintiff takes legal action to enforce these statutory and constitutional rights. 7. For the past seven years, Joel Chandler ("Chandler') has been a well-known advocate for public access to public records and government meetings. 8. Chandler also maintains an active blog/website (available at www.fogwatch.ore) where he posts news stories, videos, and commentary relating to open government, public records, and open access to public meetings. 9. On February 17, 2014, Plaintiff and Chandler entered into a Memorandum of Understanding whereby Chandler agreed to accept employment as Plaintiffs Executive Director. 10. Chandler served as the Executive Director of CAM from February 17, 2014 to June 30, 2014. 11. During his tenure with CAFI, Chandler regularly interacted and corresponded with CAFI's outside counsel on a variety of attomey-client privileged matters concerning CAM's affairs and pending/prospective lawsuits. 12. During his approximately four months as CAFI's Executive Director, Chandler sent and/or received (on behalf of CACI) hundreds (if not thousands) of attomey-client 2 communications to CAFI's lawyers. 13. On June 30, 2014 — without any advance notice — Chandler appeared at Plaintiffs offices in Deerfield Beach and hand delivered a resignation letter, effective immediately. Prior to his departure, Chandler copied thousands of documents, including e-mails and other correspondence, from CAFI's computer servers to an external hard drive. Chandler kept these documents following his resignation and, upon information and belief, is still in possession of all documents he copied from CAM's computer servers. 14. The following day, on July 1, 2014, Chandler posted an article to his blog/website notifying the public that he had resigned from his position with CAFI for purported "irreconcilable philosophical and ethical differences." 15. At the time Chandler posted about his resignation from CAFI, Defendant had been engaged by The Town of Gulf Stream ("the "Town") to represent the Town in connection with certain public records lawsuits that had been filed by CAFI. 16. Upon learning that Chandler had resigned from CAFI and believing that Chandler might possess information helpful to the Town's litigation with CAFI, Defendant contacted Chandler in an effort to obtain privileged and confidential information concerning CAFI's operations that could be used against CAFI in pending and contemplated litigation. 17. On July 23, 2014, Robert Sweetapple ("Sweetaoale") (a named partner/shareholder with Defendant) traveled to Lakeland Florida to meet with Chandler. Daring this meeting, Chandler discussed with Sweetapple the operations of CAFI, its organizational structure, and various attorney-client communications between CAFI and its counsel. 18. At the meeting or thereafter, Chandler provided Sweetapple with a hard drive k' and/or USB flash drive containing thousands of documents and communications, including numerous attomey-client communications between CAM directors/officers and attorneys with The O'Boyle Law Firm, P.C. (the "Document Information"). In addition, Chandler provided Sweetapple with a purported five hour long sworn videotaped statement concerning CAFI and its counsel. 19. At the time of the meeting, Defendant knew that Chandler was the former executive director of CAM and that, as a forumer director, Mr. Chandler had no right to waive CAM's privilege with respect to communications between CAFI and its counsel. 20. Defendant is currently in possession of hundreds (if not thousands) of e-mails and other correspondence between CAFI employees/officers and their counsel at The O'Boyle Law Firm, P.C., in addition to various other confidential documents (e.g. documents relating to CAFI's finances and internal operations) that neither Chandler nor Defendant has any right to possess. 21. Despite demand, Defendant refuses to return or destroy all copies of CAM's data in its possession, custody, or control. COUNT I — REPLEVIN UNDER FLA. STAT. CHAPTER 78 22. Plaintiff re -alleges and incorporates paragraphs I through 21 as set forth above. 23. Defendant's wrongful detention of the Document Information, which is the personal property of CAFI, gives rise to a claim for replevin. 24. The claimed property consists of the Document Information. To the best knowledge, information and belief of CAFI, the Document Information is being held by Defendant in electronic format on its firm computer network, and possibly also in paper format. 25. The fair market value of the Document Information is de minimus. However, 9 because of the nature of the Document Information, it is extremely valuable to CAFI and its counsel. 26. CAFI is the owner of the Document Information and is entitled to possession of the Document Information, having created and/or stored the Document Information on CAFI's computer network. 27. The Document Information is wrongfully detained by Defendant. As alleged herein, Chandler came into possession of the Document Information when he wrongfully copied and uploaded the Document Information from CAFI's computer network. Chandler then provided a subset (if not the entire set) of the Document Information to Defendant. 28. The Document Information has not been taken for a tax, assessment, or fine pursuant to law. 29. The Document Information has not been taken under an execution or attachment against the property of CAFI. 30. By virtue of Defendant's wrongful detention of the Information, CAFI has sustained damage. WHEREFORE, CAFI demands the issuance of a prejudgment Writ of Replevin or, alternatively, a Writ of Replevin, to recover the Document Information, any copies of any of the Document Information, and any notes or work product based upon the Document Information in Defendant's possession, custody or control, and judgment against Defendant for damages, costs, interest and such other and further relief which is necessary and just under the circumstances. COUNT II - CONVERSION 31. Plaintiff re -alleges and incorporates paragraphs 1 through 21 as set forth above. 5 32. Defendant's improper retention of the Document Information, which belongs to CAFI, gives rise to a claim for conversion in that Defendant has, without authorization, asserted dominion and control over the Document Information, which is specifically identifiable property of CAFI and was the property of CAFI. Defendant's conversion is inconsistent with CAM's rights and ownership of the Document Information. 33. The property wrongfully converted by Defendant is specific and identifiable. 34. By virtue of Defendant's continued misappropriation and conversion of CAFI's property, Defendant has caused CAFI substantial damage. WHEREFORE, CAFI demands judgment against Defendant for compensatory damages, costs, interest and such other and further relief which is necessary and just under the circumstances. COUNT III — INJUNCTIVE RELIEF UNDER FLA. STAT. 4 812.035 AND FLA. R. CIV. P. 1.610 35. Plaintiff re -alleges and incorporates paragraphs 1 through 21 as set forth above. 36. Defendant is guilty of theft of the Document Information in violation of § 812.014, Fla. Stat., because it has knowingly obtained or used, or endeavored to obtain or use, the Document Information with the intent to, either temporarily or permanently, appropriate the Document Information for its own use. 37. Pursuant to Florida Rule of Civil Procedure 1.610, the injunction should be binding on Defendant and its officers, agents, servants, employees, and attorneys and on those persons in active concert or participation with Defendant who receive actual notice of the injunction. WHEREFORE, pursuant to Fla. Stat. § 812.035(6) and Fla. R. Civ. P. 1.610, CAFI seeks an injunction: R (i) restraining Defendant and its agents, relatives, family members, servants, employees and attorneys and those persons in active concert or participation with them who receive actual notice of the injunction from viewing, accessing, using, disseminating, copying, modifying, revealing or transferring any of the Document Information or any copies of any of the Document Information; (ii) restraining Defendant and its agents, relatives, family members, servants, employees and attorneys and those persons in active concert or participation with them who receive actual notice of the injunction from using and/or disseminating any of the privileged information conveyed orally from Chandler to Sweetapple and/or any other representative of Defendant; (iii) ordering Defendant and its agents, relatives, family members, servants, employees and attorneys and those persons in active concert or participation with them who receive actual notice of the injunction to return to CAFI or destroy any of the Document Information, any copies of any of the Document Information and any notes or work product based upon the Document Information in their possession, custody or control. (iv) granting such other and further relief which is necessary and just under the circumstances. Dated: September 30, 2014. DESOUZA LAW, P.A. 1515 N. University Drive Suite 209 Coral Springs, FL 33071 Telephone: (954) 551-5320 DDesouza(@,desouzalaw.com 7 By: /s/ Daniel DeSouza, Esq. Daniel DeSouza, Esq. Florida Bar No.: 19291 VERIFICATION STATE OF FLORIDA COUNTY OF BROWARD BEFORE ME, the undersigned authority, personally appeared Brenda Russell, Secretary of Citizen's Awareness Foundation, Inc., who, being first duly identified and swom, deposes and says that this VERIFIED MOTION is based on records and information known to her, and is true and correct to the best of her knowledge, information, and belief. Name: Ms. Brenda Russell, Secretary STATE OF FLORIDA ) ) SS COUNTY OF BROWARD ) Sworn to, affirmed, and subscribed before me thiss day of,L&&% k , 2014, by aint. �lxetiva sse �l / Please indicate: Personally Known: Type of Identification Produced: NOTARY PUBLIC STATE OF Sign: Print: ( argl),TYI (SEAL) V t�tA{tieGrylll,, MaAtlV Notarylic OR Produ d 40ts . Ex •Siris of . 2018 ad)omml Eon --f Apr 7, 2018 'e',o,,,,,r•`' Commission � Ff 10118 EXHIBIT "B" FILED UNDER SEAL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 EXHIBIT "C" IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE No.502014CA004474XXXXMB MARTIN E. O'BOYLE, Plaintiff, -vs- VOLUME II TOWN OF GULF STREAM, Defendant. CONTINUED VIDEOTAPED DEPOSITION OF MARTIN E. O'BOYLE TAKEN AT THE INSTANCE OF THE DEFENDANT Monday, September 15, 2014 9:50 a.m. - 5:47 p.m. 224 Datura Street Suite 1405 West Palm Beach, Florida 33401 Reported By: Debra Duran -Bornstein, RPR Notary Public, State of Florida Debra Duran & Associates 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 e 9 l0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 217 BY MR. SWMAPPLE: Q. And did W. Ring try to assure Mr. Chandler on June 16th that he believed that the O'Boyle law Firm was free to exercise their legal business judgment as to the amounts of a particular settlement; that he didn't have to worry about the amount of attorneys' fees that were actually incurred? A. I don't know what Citizens Awareness Foundation, Inc., did. Now, how many more times do I have to tell you that before you get it through your skull? Q. And on June 19, Ms. De Iarmartini copied Mr. Ring re: CAPI. And said, "Bill, I intend to resign from CAFI and make the following replacements. Cathleen Flack (phonetic) a Commerce employee. Peter Delio (phonetic). He is a trusted friend and contractor we use. Joel Chandler. We would like to have him as president/director. Brenda Russell, Commerce employee will remain as member. Do you see any problem with this? If not, could you please send me the proper form to amend the organizational documents." You were unaware of that communication? A. I'm not answering. Q. On June 27th when Mr. Chandler wrote Nick Page 219 unaware that any settlement discussions were taking place with the defendant. "I did not authorize any such discussions, nor did I approve in any way the demand for payment of any kind, much less demand for payments far beyond the actual fees and expenses billed by the O'Boyle Law Firm. "In sum, I understand that you were directed to make the aforementioned settlement demand by Jonathan O'Boyle, and I have not and do not approve of such demands. Please confirm your receipt and understanding of this e -mail. - And Mr. Taylor -- that was at 11:05 a.m. Mr. Taylor responded to Mr. Chandler, "This e-mail is to confirm our conversation today and to reiterate that all offers of settlement are made pursuant to the policies of the O'Boyle Law Firm." Were you aware of any of that communication? A. I'm not answering any questions regarding CAFI. MR. SPUTH: For the record, I object to the question as argumentative. BY MR. SWEEMPLE: Q. So after -- after you saw the motion to disqualify your son's firm, which argued the O'Boyle firm is not a lawful interstate law firm, how is it that Page 218 1 Taylor the following language, Nick -- on June 27 he was 2 not an employee of CAFI, right? Is that your testimony? 3 A. I'm not answering any questions regarding 4 CAFI. 5 Q. "Nick, I'm writing this e-mail to memorialize 6 our telephone conversation this umrning. As we 7 discussed, I was contacted by the defendant in the case 6 referenced above. He expressed his regret in his 9 failure to properly respond to CAPI's PRR, and asked for 10 our help in better understanding his obligations under 11 the Public Records Act. He also explained the dire 12 financial condition of his organization and said he 13 instructed his attorney to offer to settle the matter 14 for $1,500. 15 "In our conversation this morning, I 16 understood from you that the O'Boyle Law Firm has about 17 $1200 in costs and fees in the case up to this point. I 16 also understood that you have been instructed by 19 Jonathan O'Boyle to demand $3600 to settle the case. 20 "If such a demand is accepted by the 21 defendant, that would create a windfall of about 26 22 beyond actual fees and expenses. Acing that telephone 23 conversation, I expressed in unequivocal terns my 24 objections to such an arrangement. Until I received the 25 telephone call from the defendant yesterday, I was Page 220 1 a meeting was called with Mr. Ring and my co -counsel, 2 Joanne O'Connor and Mr. Randolph? 3 A. Mr. Ring and I spoke and we said this is -- 4 MR. DESOUZA: Hold on. You said this to each 5 other or you said this to opposing counsel? 6 THE WITNESS: We said it to each other. 7 MR. DESOUZ.S: You shouldn't reveal the 8 substance of any conversation between you and 9 Mr. Ring. 10 BY MR. SWERTAPPLE: 11 Q. Was Mr. Ring servings as your attorney at the 12 time? 13 A. Yes. 14 Q. Even though he wasn't counsel of record on any 15 of the cases? 16 A. I'm not going to answer that question. 17 Q. Well, he -- you just don't know the answer to 18 that question? 19 So you spoke to Mr. Ring. And than who 20 cammmicated with either Ms. O'Connor or Mr. Randolph? 21 A. I believe that Mr. Ring called Skip Randolph 22 and asked far a meeting with him, it. O'Connor and 23 Mr. Stubbs. And Skip Randolph got back to him, either 24 later that day or the next day. I just don't remember. 25 Q. And was there any discussion about including Debra Duran & Associates Phone 561.313.8000 Fax 561.835.8586 In Lawsuits Statewide, Questions of Profits and Public Records I Florida Center for Invest... Page 1 of 11 EXHIBIT "Dtt • Home • About» • Florida News • Donate • Tlos • Investigations Enter search keyword n'FLORIDA FOR ■" N ESTIGATIVEE SPORTING • B,oe» • Economy» • Education • Environment • Esoariol • Government u • Health • Immigration • Justice eatured, Government, Open Records In Lawsuits Statewide, Questions of Profits and Public Records Published on November 9, 2014. Tags: Citizens Awareness Foundation, Joel Chandler. Martin O'Boyle, Our Public Records LLC. Sunshine Law. Trevor Aaronson, Tristram Korten http://fcir.orgl2Ol4/11/09/in-lawsuits-statewide-questions-of-profits-and-public-records/ 12/1/2014 In Lawsuits Statewide, Questions of Profits and Public Records I Florida Center for Invest... Page 2 of 11 South Florida millionaire Martin O'Boyle founded the Citizens Awareness Foundation. (Photo courtesy of the Coastal Star.) By Tristram Korten and Trevor Aaronson Florida Center for Investigative Reporting The nonprofit Citizens Awareness Foundation was founded to "empower citizens to exercise their right to know," according to its mission statement. The South Florida millionaire backing the foundation hired one of the state's most prominent public records activists to run it, rented office space, and pledged to pay the legal fees to make sure people had access to government records. But a review of court records and internal communications obtained by the Florida Center for Investigative Reporting shows that the foundation is less interested in obtaining records and educating the public than in working with a partner law firm to collect cash settlements from every lawsuit filed. Citizens Awareness Foundation and the O'Boyle Law Firm set up shop in the same building at about the same time. The two share more than an address. They also share personnel, money and a mandate to sue as many state and local government agencies and businesses as they can for violating Florida's Sunshine law. Since January, the foundation and a sister group, Our Public Records LLC, have Fled more than 140 lawsuits in 27 counties, court records show. A lawyer with the O'Boyle Law Firm filed all of the cases FUR reviewed. The close partnership between Citizens Awareness Foundation and the law firm prompted the foundation's first executive director, Joel Chandler, to quit over concerns hat the coordination "may be criminal, fraudulent and unethical," according to an affidavit he filed. Both organizations are housed at the offices of the Commerce Group, the Deerfield Beach real estate development farm owned by millionaire Martin O'Boyle. O'Boyle is best known for inundating the Palm Beach State Attorney's office with more than 1,300 public records requests, and for suing the wealthy town of Gulf Stream, where he lives, after filing 1,200 public records requests. http://fcir.org/2014/ll/09/in-lawsuits-statewide-questions-of-profits-and-public-records/ 12/1/2014 Media Partners Bradenton Herald Creative Loafing Key West Citizen The Ledger Miami Herald The Tampa Tribune But a review of court records and internal communications obtained by the Florida Center for Investigative Reporting shows that the foundation is less interested in obtaining records and educating the public than in working with a partner law firm to collect cash settlements from every lawsuit filed. Citizens Awareness Foundation and the O'Boyle Law Firm set up shop in the same building at about the same time. The two share more than an address. They also share personnel, money and a mandate to sue as many state and local government agencies and businesses as they can for violating Florida's Sunshine law. Since January, the foundation and a sister group, Our Public Records LLC, have Fled more than 140 lawsuits in 27 counties, court records show. A lawyer with the O'Boyle Law Firm filed all of the cases FUR reviewed. The close partnership between Citizens Awareness Foundation and the law firm prompted the foundation's first executive director, Joel Chandler, to quit over concerns hat the coordination "may be criminal, fraudulent and unethical," according to an affidavit he filed. Both organizations are housed at the offices of the Commerce Group, the Deerfield Beach real estate development farm owned by millionaire Martin O'Boyle. O'Boyle is best known for inundating the Palm Beach State Attorney's office with more than 1,300 public records requests, and for suing the wealthy town of Gulf Stream, where he lives, after filing 1,200 public records requests. http://fcir.org/2014/ll/09/in-lawsuits-statewide-questions-of-profits-and-public-records/ 12/1/2014 In Lawsuits Statewide, Questions of Profits and Public Records I Florida Center for Invest... Page 3 of 11 Citizens Awareness Foundation's board is comprised of employees of the O'Boyle Law Firm and the Commerce Group. According to an email from one board member, the foundation had a quota to refer a minimum of 25 lawsuits per week to the law firm. The foundation has threatened so many engineers with legal action that the Florida Engineering Society sent a warning to members. "It is debatable whether they are truly seeking records or just attempting to obtain legal fees for a violation of this requirement," Craig Varn, the organization's general counsel, said in the May 23 memo. The road -building industry in Florida also has been swamped with public records requests and lawsuits from Citizens Awareness Foundation. "It's a sad game of `gotcha,' the only purpose of which is to generate an attorney fee claim rather than obtain any actual public records," said Bob Burleson, president of the Florida Transportation Builders' Association. State Sen. Wilton Simpson, R -Trilby, has received similar complaints, and has begun drafting legislation to better define the public records law. In October, the town commission of Gulf Stream, in Palm Beach County, voted unanimously to hire an outside lawyer to pursue a federal racketeering case against O'Boyle. Representatives of Citizens Awareness Foundation and the O'Boyle Law Firm referred questions to Fort Lauderdale lawyer Mitchell W. Berger. "We are new to this process and undertaking an investigation of the facts and circumstances which have resulted in the current controversy," Berger said. "We will not litigate this matter in the press on a question -by -question basis and will leave our responses to be filed in the appropriate proceedings where we are sure justice will be done and our clients will be exonerated in the process." Lawsuit Quota The foundation and the law firm are exploiting an April 2013 amendment to state law that requires private companies holding public records to make them available. Hired as executive director of the Citizens Awareness Foundation, Joel Chandler resigned due to behavior he thought "may be criminal, fraudulent and unethical," according to an affidavit he filed. (Photo courtesy of Joel Chandler.) http://fcir.org/20l4/ll/09/in-lawsuits-statewide-questions-of-profits-and-public-records/ 12/1/2014 In Lawsuits Statewide, Questions of Profits and Public Records I Florida Center for Invest... Page 4 of I 1 After the 2013 amendment passed, Martin O'Boyle contacted Joel Chandler, a well-known open government activist, about starting Citizens Awareness Foundation. Chandler, who lives in Lakeland, had worked as a volunteer his entire career. O'Boyle offered him a $120,000 annual salary, a company car and health insurance. "I went from being completely broke to getting paid $10,000 a month," Chandler said. "It was a very cool gig." The foundation was incorporated on Jan. 27. The O'Boyle Law Firm opened on Feb. 10. They both listed the same address in Deerfield Beach on incorporation records. Martin O'Boyle's son, Pennsylvania lawyer Jonathan O'Boyle, was listed as the law firm's director. Jonathan O'Boyle is not licensed to practice law in Florida, and records show he may have been acting as the firm's full-time managing director and supervising other lawyers. Under Florida Bar rules, lawyers supervising cases must be licensed in the state. "He was in the office just about every day," Chandler said. "I was in the room multiple times when Jonathan was directing other attorneys in their work and no one was supervising Jonathan." In emails FCIR reviewed, Jonathan O'Boyle wrote about assigning himself a case. Another lawyer described O'Boyle directing settlement negotiations in a separate case. When setting up the foundation, Chandler said he talked with the O'Boyles about the need to avoid conflicts of interest. He was worried because all of the foundation's board members either worked for Martin O'Boyle's real estate company or the law firm. "That was a sticking point, whether 1 could only refer cases to his son's law firm," Chandler said. "I didn't want to be involved in something where we file lawsuits just to file lawsuits. I was assured I would have sole discretion about who to litigate and which law firm to use." That never happened, he said. By April, Citizens Awareness Foundation board member Denise DeMartini, who works for the Commerce Group, was demanding more lawsuits. "I am in the law meeting now and have been told that you have only provided eight new cases for this week. We were expecting a minimum of 25 a week," she emailed Chandler on April 28. The law meeting she referred to was the O'Boyle firm's staff meeting. DeMartini is not a lawyer. Citizens Awareness Foundation was filing so many lawsuits that Chandler was not able to vet them all, as he had negotiated from the start. In some cases, lawsuits were filed in his name without his knowledge or permission, he said. On June 2, Chandler emailed his board about using another law firm. "[I]f we use the O'Boyle Firm exclusively it will appear to be `self dealing' by the IRS," Chandler said. William Ring, the foundation's president and a lawyer with the Commerce Group, replied: "I'm not inclined to authorize [Citizens Awareness Foundation] to engage another law firm." Ring is now the registered agent for the O'Boyle Law Firm, state records show. Settlements Demanded The foundation targeted governments big and small, but it also filed complaints against obscure companies contracted by government agencies. Many weren't aware the records law applied to them. The records requests often came in over the weekend, from "An Onoma" with the email address vendor.contract.publishing@gmail.com. http://fcir.orgl20l4/11/09/in-lawsuits-statewide-questions-of-profits-and-public-records/ 12/1/2014 In Lawsuits Statewide, Questions of Profits and Public Records I Florida Center for Invest... Page 5 of 11 Citizens Awareness Foundation and its sister organization, Our Public Records LLC, have filed lawsuits in 27 of Florida's counties, shaded here in blue. (Graphic by Grant Smith/Florida Center for Investigative Reporting.) Dave McIntosh, who runs an environmental mitigation bank that does work for the state, said his records request from An Onoma came at 9:48 a.m. on Sunday, May 18. `9 was totally convinced it was bogus," he said. McIntosh wrote back asking who they were. The reply: "None of your business." The lawsuit arrived a month later, along with a settlement demand for $2,500. McIntosh offered to pay the $410 filing fee and $500 for costs. The lawyers rejected the offer and added a nondisclosure agreement, meaning the settlement couldn't be discussed afterwards. "To me that was hilarious, another brick in the wall that makes the case that these guys are a scam," McIntosh said. He's fighting the lawsuit. In June, Miami's River of Life, a small social services agency, contacted Chandler saying they didn't realize their records were public and that they were willing to comply — but the settlement demand for nearly $4,000 was too much. Chandler called the O'Boyle lawyer handling the case, Nickalaus Taylor, on June 27. After the call, Chandler emailed Taylor: "In our conversation this morning I understood, from you, that the O'Boyle Law Firm has about $1,200 in costs and fees in the case up to this point. I also understood that you have been instructed by Jonathan O'Boyle to demand $3,800 to settle the case. If such a demand is accepted by the Defendant that would create a windfall of about $2,600 beyond actual fees and expenses." Taylor responded: "This email is to confirm our conversation today and to reiterate that all offers for settlement are made pursuant to the policies of the O'Boyle Law Firm." On June 30, Chandler resigned. Worried about the damage he had inadvertently caused, he contacted defendants in the lawsuits and offered his help. Citizen Awareness Foundation sued him for breaches of contract and fiduciary duty. Since Chandler's departure, Citizens Awareness Foundation and Our Public Records LLC have filed 70 more lawsuits around the state. Among the latest defendants: a Catholic charity in Sarasota County, an accountant in Hillsborough County, and ChildNet, a nonprofit in Broward County whose mission is to "protect abused, abandoned and neglected children." 40 $+7 p _Tweet 11, Share 36 Recommend 36 http://fcir.org/20l4/ll/09/in-lawsuits-statewide-questions-of-profits-and-public-records/ 12/1/2014 In Lawsuits Statewide, Questions of Profits and Public Records I Florida Center for Invest... Page 6 of 1 I ',L� arintiYlenalyJ http://fcir.orgl2Ol4/11/09/in-lawsuits-statewide-questions-of-profits-and-public-records/ 12/1/2014 In Lawsuits Statewide, Questions of Profits and Public Records I Florida Center for Invest... Page 7 of 11 10 comments Add a comment... Comment Sid B'dog - Top Commenter • Hollywood, Florida There Is an ongoing problem of back room dealing in Miami. This article would rather focus on a law firm than the real problem of Government Agencies that are not making public records available. The FCIR needs to dig a little deeper regarding these requests and give some examples instead of try to create a snowball of accusations. Reply - Like - 1 • November 12 at 8:59am Robert Earl Case Jr - Lake City, Florida All the government has to do Is COMPLY WITH THE SUNSHINE LAW and they won't get sued. The fact Is that the government doesn't comply with the law and when they gel called on it (exactly as the law allows) they pull this kind of political nonsense to blame the person(s) that call them out on breaking the law. The law very clearly says that the government can be sued if they fall to comply with our constitutional right to get copies of public records. The law very clearly says that the government must pay attorney's fees if they get sued and it is determined by a judge that they violated the law. The law very clearly says that the agency that violated the sunshine law should consider the award of attorney's fees as a PENALTY for violating the sunshine law and ENCOURAGEMENT for the agency to comply with the sunshine law in the futu... See More Reply • Like - November 10 at 11:15am Tom Baxter • Top Commenter • Member at Veterans For Peace • 272 followers If you had read the article, you would realize the sults are NOT against governmental entities, but organizations that have government contracts. Reply • Uke • November 10 at 3:29pm Sid B'dog • Top Commenter - Hollywood, Florida Tom, what is wrong with demanding public records from contractors? If they are required and not readily available, then the contractors are in violation. If you have ever served as a contractor for a Government Agency you would know this) Most contractors follow the rules, but some don't. To see some contractors skirt these rules is a very big problem, but you, like the article Itself, would rather attack the messenger and not the substance of these violations. Reply - Like - November 12 at 8:56am Robert Earl Case Jr - Lake City, Florida All the government has to do is COMPLY WITH THE SUNSHINE LAW and they won't get sued. The fact is that the government doesn't comply with the law and when they gel called on it (exactly as the law allows) they pull this kind of political nonsense to blame the person(s) that call them out on breaking the law. The law very clearly says that the government can be sued if they fail to comply with our constitutional right to get copies of public records. The law very clearly says that the government must pay attorney's fees if they get sued and it is determined by a judge that they violated the law. The law very clearly says that the agency that violated the sunshine law should consider the award of attorney's fees as a PENALTY for violating the sunshine law and ENCOURAGEMENT for the agency to comply with the sunshine law in the futu... See More Reply • Like • November 10 at 11 08a Tom Baxter - Top Commenter • Member at Veterans For Peace • 272 followers If you were a little more careful posting you would post the same comment twice exposing your ignorance of the articles content. Reply - Like - November 10 at 3:31pm Robert Earl Case Jr - Lake City, Florida FROM THE ARTICLE: "The foundation targeted governments big and small, but it also filed complaints against obscure companies contracted by government >nnnri>e " m Vn1 IPF 1hn nnn W.V. innnr>nf of fhc >di,W. rnnlnnf nM littp://fcir.org/2014/ll/09/in-lawsuits-statewide-questions-of-profits-and-public-records/ 12/1/2014 In Lawsuits Statewide, Questions of Profits and Public Records I Florida Center for Invest... Page 8 of 11 Subscribe to our free ncwslelter Email Address Subscribe ® Latest Florida News • Obamacare tax -credits uncertain in Supreme Court case. 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Page 1 I of 1 I DONATE anew cwrm ron WVESmMi1VE PEPOItiWG ® 2014 FOR I Terms and Privacy Policy I Staff I Contact Us http://fcir.org/20l4/I1/09/in-lawsuits-statewide-questions-of-profits-and-public-records/ 12/1/2014 In lawsuits statewide, questions of profits and public records I The Miami Herald Page 1 of 6 In lawsuits statewide, questions of profits and public records BY TRISTRAM KORTEN AND TREVOR AARONSON - FLORIDA CENTER FOR INVESTIGATIVE REPORTING 11/09/201411:00 PM I Updated: 11/09/201411:25 PM Hired as executive director of the Citizens Awareness Foundation, Joel Chandler resigned due to behavior he thought "may be criminal, fraudulent and unethical;' according to an affidavit he filed. PHOTO COURTESY OF JOEL CHANDLER The nonprofit Citizens Awareness Foundation was founded to "empower citizens to exercise their right to know," according to its mission statement. The South Florida millionaire backing the foundation hired one of the state's most prominent public records activists to run it, rented office space, and pledged to pay the legal fees to make sure people had access to government records. littp://www.miamilieraid.com/news/state/florida/article3683 176.litmI 12/l/2014 In lawsuits statewide, questions of profits and public records I The Miami Herald Page 2 of 6 But a review of court records and internal communications obtained by the Florida Center for Investigative Reporting shows that the foundation is less interested in obtaining records and educating the public than in working with a partner law firm to collect cash settlements from every lawsuit filed. Citizens Awareness Foundation and the O'Boyle Law Firm set up shop in the same building at about the same time. The two share more than an address. They also share personnel, money and a mandate to sue as many state and local government agencies and businesses as they can for violating Florida's Sunshine law. Since January, the foundation and a sister group, Our Public Records LLC, have filed more than 140 lawsuits in 27 counties, court records show. A lawyer with the O'Boyle Law Firm filed all of the cases FCIR reviewed. The close partnership between Citizens Awareness Foundation and the law firm prompted the foundation's first executive director, Joel Chandler, to quit over concerns that the coordination "may be criminal, fraudulent and unethical," according to an affidavit he filed. Both organizations are housed at the offices of the Commerce Group, the Deerfield Beach real estate development firm owned by millionaire Martin O'Boyle. O'Boyle is best known for inundating the Palm Beach State Attorney's office with more than 1,300 public records requests, and for suing the wealthy town of Gulf Stream, where he lives, after filing 1,200 public records requests. Citizens Awareness Foundation's board is composed of employees of the O'Boyle Law Firm and the Commerce Group. According to an email from one board member, the foundation had quota to refer a minimum of 25 lawsuits per week to the law firm. The foundation has threatened so many engineers with legal action that the Florida Engineering Society sent a warning to members: "It is debatable whether they are truly seeking records or just attempting to obtain legal fees for a violation of this requirement," Craig Varn, the organization's general counsel, said in the May 23 memo. http://www.miam illerald.com/news/state/florida/article3683176.litml 12/1/2014 In lawsuits statewide, questions of profits and public records I The Miami Herald Page 3 of 6 The road -building industry in Florida also has been swamped with public records requests and lawsuits from Citizens Awareness Foundation. "It's a sad game of'gotcha; the only purpose of which is to generate an attorney fee claim rather than obtain any actual public records," said Bob Burleson, president of the Florida Transportation Builders' Association. State Sen. Wilton Simpson, R -Trilby, has received similar complaints, and has begun drafting legislation to better define the public records law. In October, the town commission of Gulf Stream, in Palm Beach County, voted unanimously to hire an outside lawyer to pursue a federal racketeering case against O'Boyle. Representatives of Citizens Awareness Foundation and the O'Boyle Law Firm referred questions to Fort Lauderdale lawyer Mitchell W. Berger. "We are new to this process and undertaking an investigation of the facts and circumstances which have resulted in the current controversy," Berger said. "We will not litigate this matter in the press on a question -by -question basis and will leave our responses to be filed in the appropriate proceedings where we are sure justice will be done and our clients will be exonerated in the process." Lawsuit Quota The foundation and the law firm are exploiting an April 2013 amendment to state law that requires private companies holding public records to make them available. After the 2013 amendment passed, Martin O'Boyle contacted Joel Chandler, a well- known open government activist, about starting Citizens Awareness Foundation. Chandler, who lives in Lakeland, had worked as a volunteer his entire career. O'Boyle offered him a $120,000 annual salary, a company car and health insurance. "I went from being completely broke to getting paid $10,000 a month," Chandler said. "It was a very cool gig." The foundation was incorporated on Jan. 27. The O'Boyle Law Firm opened on Feb. 10. They both listed the same address in Deerfield Beach on incorporation records. Martin O'Boyle's son, Pennsylvania lawyer Jonathan O'Boyle, was listed as the law firm's director. http://www.miam ilierald.com/news/state/tlorida/article3683176.litm] 12/1/2014 In lawsuits statewide, questions of profits and public records I The Miami Herald Page 4 of 6 Jonathan O'Boyle is not licensed to practice law in Florida, and records show he may have been acting as the firm's full-time managing director and supervising other lawyers. Under Florida Bar rules, lawyers supervising cases must be licensed in the state, "He was in the office just about every day," Chandler said. "I was in the room multiple times when Jonathan was directing other attorneys in their work and no one was supervising Jonathan." In emails FCIR reviewed, Jonathan O'Boyle writes about assigning himself a case. Another lawyer describes O'Boyle directing settlement negotiations in a separate case. When setting up the foundation, Chandler said he talked with the O'Boyles about the need to avoid conflicts of interest. He was worried because all of the foundation's board members either worked for Martin O'Boyle's real estate company or the law firm. "That was a sticking point, whether I could only refer cases to his son's law firm," Chandler said. "I didn't want to be involved in something where we file lawsuits just to file lawsuits. I was assured I would have sole discretion about who to litigate and which law firm to use." That never happened, he said. By April, Citizens Awareness Foundation board member Denise DeMartini, who works for the Commerce Group, was demanding more lawsuits. "I am in the law meeting now and have been told that you have only provided eight new cases for this week. We were expecting a minimum of 25 a week," she emailed Chandler on April 28. The law meeting she referred to was the O'Boyle firm's staff meeting. DeMartini is not a lawyer. Citizens Awareness Foundation was filing so many lawsuits that Chandler was not able to vet them all, as he had negotiated from the start. In some cases, lawsuits were filed in his name without his knowledge or permission, he said. On June 2, Chandler emailed his board about using another law firm. "[I]f we use the O'Boyle Firm exclusively it will appear to be 'self dealing' by the IRS,' Chandler said. William Ring, the foundation's president and a lawyer with the Commerce Group, replied: "I'm not inclined to authorize [Citizens Awareness Foundation] to engage another law firm." Ring is now the registered agent for the O'Boyle Law Firm, state records show. http://www.miam ilierald.com/news/state/florida/article3683176.litm I 12/1/2014 In lawsuits statewide, questions of profits and public records I The Miami Herald Page 5 of 6 Settlements Demanded The foundation targeted governments big and small, but it also filed complaints against obscure companies contracted by government agencies. Many weren't aware the records law applied to them. The records requests often came in over the weekend, from "An Onoma" with the email address vendor.contract.publishing@gmail.com. Dave McIntosh, who runs an environmental mitigation bank that does work for the state, said his records request from An Onoma came at 9:48 a.m. on Sunday, May 18. 1 was totally convinced it was bogus," he said. McIntosh wrote back asking who they were. The reply: "None of your business." The lawsuit arrived a month later, along with a settlement demand for $2,500. McIntosh offered to pay the $410 filing fee and $500 for costs. The lawyers rejected the offer and added a nondisclosure agreement, meaning the settlement couldn't be discussed afterwards. "To me that was hilarious, another brick in the wall that makes case that these guys are a scam," McIntosh said. He's fighting the lawsuit. In June, Miami's River of Life, a small social services agency, contacted Chandler saying they didn't realize their records were public and that they were willing to comply — but the settlement demand for nearly $4,000 was too much. Chandler called the O'Boyle lawyer handling the case, Nickalaus Taylor, on June 27. After the call, Chandler emailed Taylor: "In our conversation this morning I understood, from you, that the O'Boyle Law Firm has about $1,200 in costs and fees in the case up to this point. I also understood that you have been instructed by Jonathan O'Boyle to demand $3,800 to settle the case. If such a demand is accepted by the Defendant that would create a windfall of about $2,600 beyond actual fees and expenses." Taylor responded: "This email is to confirm our conversation today and to reiterate that all offers for settlement are made pursuant to the policies of the O'Boyle Law Firm." http://www.miamilieraid.com/news/state/florida/article3683176.html 12/1/2014 In lawsuits statewide, questions of profits and public records I The Miami Herald Page 6 of 6 On June 30, Chandler resigned. Worried about the damage he had inadvertently caused, he contacted defendants in the lawsuits and offered his help. Citizen Awareness Foundation sued him for breaches of contract and fiduciary duty. Since Chandler's departure, Citizen Awareness Foundation and Our Public Records LLC have filed 70 more lawsuits around the state. Among the latest defendants: a Catholic charity in Sarasota County, an accountant in Hillsborough County, and ChildNet, a nonprofit in Broward County whose mission is to "protect abused, abandoned and neglected children." The Florida Center for Investigative Reporting is a nonprofit news organization supported by foundations and individual contributions. For more information, visit fcir.org. littp://www.miamiherald.com/news/state/florida/article3683176.litm] 12/1/2014 EXHIBIT "E" FILED UNDER SEAL EXHIBIT "F" IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CITIZENS AWARENESS FOUNDATION, INC., a Florida non profit corporation, Plaintiff, V. SWEETAPPLE, BROEKER & VARKAS, P.L., Defendant. THE STATE OF FLORIDA: To Each Sheriff of the State: CASE NO. 502014CA011941 (AH) ORDER TO SHOW CAUSE YOU ARE COMMANDED to serve this order on Defendant SWEETAPPLE, BROEKER & VARKAS, P.L., c/o Douglas C. Broeker, Registered Agent, 44 West Flagler Street, Suite 1500, Miami, FL 33130 by personal service as provided by law, if possible, or, if you are unable to personally serve Defendant within the time specified, by placing a copy of this Order with a copy of the summons at Sweetapple, Broeker & Varkas, P.L, 44 West Flagler Street, Suite 1500, Miami, FL 33130, at least 5 days before the hearing scheduled below, excluding the day of service and intermediate Saturdays, Sundays, and legal holidays. Nonpersonal service as provided in this Order shall be effective to afford notice to Defendant of this Order, but for no other purpose. Defendant shall show cause before the Honorable Lucy Chernow Brown, on 2014 at a.m./p.m. at Room , Palm beach County Courthouse, 205 North Dixie Highway, West Palm Beach, FL 33401, why the property claimed by Plaintiff in the Complaint filed in this action should not be taken from the possession of Defendant and delivered to Plaintiff. Defendant may file affidavits, appear personally or with an attorney and present testimony at the time of hearing, or, on a finding by the court pursuant to section 78.067(2), Florida Statutes, that Plaintiff is entitled to possession of the property described in the Complaint pending final adjudication of the claims of the parties, file with the court a written undertaking executed by a surety approved by the court in an amount equal to the value of the property to stay an order authorizing the delivery of the property to Plaintiff. If Defendant fails to appear as ordered, Defendant shall be deemed to have waived the right to a hearing. The court may thereupon order the clerk to issue a writ of replevin. ORDERED at West Palm Beach, Florida, this _ day of , 2014. Circuit Court Judge RECORDS REQUEST (the "Request") Date of Request: 1/26/16 Requestor's Request ID#: 1187 REQUESTEE: Custodian of Records Jones, Foster, Johnston & Stubbs REQUESTOR: Martin E. O'Boyle REQUESTOR'S CONTACT INFORMATION: E -Mail: records@commerce-group.com Fax: 954-360-0807 or Contact Records Custodian at records(&,commerce-grouy.com: Phone: 954-360-7713; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442 REQUEST: 1. Please provide conies of any depositions (paper depositions, video depositions and audio depositions) where the deponent was Joel Chandler. This request is for the Deriod beeinnine January 1, 2013 through the date of this Request (the "Period"). 2. Please orovide copies of all sworn statements and timelines prepared by or related to Joel Chandler for the Period. ADDITIONAL INFORMATION REGARDING REQUEST: The term "Town of Gulf Stream" shall mean each of the following: the Town of Gulf Stream. its Commissioners- its Manager, its emolovees, its Police Department, its Police Officers and its Counsel (including, without limitation, the following law firms) Sweetanole, Broeker & Varkas: Richman Greer, PA: and Jones- Foster, Johnston & Stubbs. (including, without limitation, the attorneys, emolovees and partners of each such law firm.) THIS REQUEST IS MADE PURSUANT TO ARTICLE L SECTION 24 OF THE FLORIDA CONSTITUTION AND CHAPTER 119, FLORIDA STATUTES IF THE PUBLIC RECORDS BEING SOUGHT ARE MAINTAINED BY YOUR AGENCY IN AN ELECTRONIC FORMAT PLEASE PRODUCE THE RECORDS IN THE ORIGINAL ELECTRONIC FORMAT IN WHICH THEY WERE CREATED OR RECEIVED. SEE 5119.01(2)(F), FLORIDA STATUTES. IF NOT AVAILABLE IN ELECTRONIC FORM, IT IS REQUESTED THAT THIS RECORDS REQUEST BE FULFILLED ON 11 X 17 PAPER NOTE: IN ALL CASES (UNLESS IMPOSSIBLE) THE COPIES SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 119.07(4) (a) (2) ALSO PLEASE TAKE NOTE OF §1 19.07(il(H) OF THE FLORIDA STATUTES. WHICH PROVIDES THAT "IF A CIVIL ACTION IS INSTITUTED WITHIN THE 30 -DAV PERIOD TO ENFORCE THE PROVISIONS OF THIS SECTION WITH RESPECT TO THE REQUESTED RECORD, THE CUSTODIAN OF PUBLIC RECORDS MAY NOT DISPOSE OF THE RECORD EXCEPT BY ORDER OF A COURT OF COMPETENT JURISDICTION AFTER NOTICE TO ALL AFFECTED PARTIES." ALL ELECTRONIC COPIES ARE REOUESTED TO BE SENT BY E-MAIL DELIVERY. PLEASE PROVIDE THE APPROXIMATE COSTS (IF ANY) TO FULFILL THIS PUBLIC RECORDS REQUEST IN ADVANCE. It will be required that the Requestor approve of any costs, asserted by the Agency (as defined in Florida Statute, Chapter 119.01 (Definitions)), in advance of any casts imposed to the Requestor by the Agency. "BY FULFILLING THIS RECORDS REQUEST, THE AGENCY ACKNOWLEDGES THAT THE RESPONSIVE DOCUMENTS ARE "PUBLIC RECORDS" AS DEFINED IN CHAPTER 119, FLORIDA STATUTES". VP/NP/FLRR 07.28.2015 AFFIDAVIT OF JOEL EDWARD CHANDLER BEFORE ME, the undersigned authority, personally appeared JOEL CHANDLER, who after being duly sworn, deposes and says that: 1. My name is JOEL CHANDLER, 2. I am over eighteen (18) years of age. 3. I am a resident of Polk County, Florida. 4. 1 have personal knowledge of every assertion made in this affidavit. 5. Citizens Awareness Foundation, Inc., (herein "CAFI"), was formed as a Florida not-for-profit corporation by Martin O'Boyle in concert with his son, Jonathan O'Boyle. 6. Jonathan O'Boyle is an attorney admitted in Pennsylvania and New Jersey, but not admitted to practice in Florida. 7. In January 2014,1 was solicited by Martin O'Boyle to lead a not-for-profit corporation that was, he said, intended to promote open government. That not-for-profit corporation was created at Martin O'Boyle's direction and became known as the "Citizens Awareness Foundation, Inc." or "CAFE' 8. During my discussions with Martin O'Boyle, wherein he sought to hire me to serve as the leader of CAFI, we explicitly agreed that CAFI would have an independent Board of Directors; that the Board of Directors would be entirely free from the influence of Martin O'Boyle or the O'Boyle Law Firm; that I would have absolute and sole discretion regarding the commencement and resolution of open government litigation on behalf of CAFI, and; subject only to the independent Board of Directors, I would have the authority to select and retain law firms for the purpose of engaging in open government litigation. EXHIBIT Exhibit 11 1 9. During January or February of 2014, I participated in a telephone conversation with Martin O'Boyle and Robert `Bob" Tweel, a tax attorney from West Virginia. Martin O'Boyle and I discussed with Mr. Tweel the absolute necessity that CAM be a legitimate not-for-profit entity. This included, but was not limited to, the requirement that CAFI use a variety of law firms to represent it so as to avoid the appearance of self-dealing. 10. Martin O'Boyle indicated to Mr. Tweel and to me that he was going to loan all necessary monies to fund CAFI and, after 501(c)(3) status was acquired, write off as a charitable donation all of the monies he had loaned to CAFI. After leaving this meeting I was particularly encouraged that Martin O'Boyle was genuine in his interest to establish a bona fide not-for-profit entity of which I would serve as the Executive Director and that CAFI would afford me the opportunity to more effectively continue my work as a civil rights activist and advocate for open government. 11. Martin O'Boyle appointed Brenda Russell, William Ring and Denise DeMartini to the CAFI Board. 12. Brenda Russell is Martin O'Boyle's long time secretary. She was never present for meetings. In fact, no formal meetings of the Board were ever called or held. For a brief time, Brenda Russell collected my travel and business receipts, all of which were subject to the approval of Martin O'Boyle, 13. William Ring is Martin O'Boyle's longtime business associate and corporate attorney. 14. Denise DeMartini is the long-time employee of Martin O'Boyle or entities that he controls. 15. All of my negotiations for employment by CAFI were with Martin O'Boyle. At no time did I engage in any negotiations regarding the details of my employment, including my compensations, with anyone other than Martin O'Boyle. 16. At Martin O'Boyle's direction I drafted and signed a proposed memorandum of understanding regarding my employment by CAFI. I have never received a copy of the proposed memorandum of understanding signed or approved by the board of CAFI. 17. 1 served as the Executive Director of CAR for approximately five (5) months, through the end of June 2014. 18. I resigned because of repeated instances of conduct perpetuated by Martin O'Boyle, Jonathan O'Boyle, William Ring, Denise DeMartini, and some of the attorneys at the O'Boyle Law Firm, P.C., Inc., (herein the "O'Boyle Law Firm"), as set forth herein, which I believe may be criminal, fraudulent and unethical. 19. My relationship with the O'Boyle Law Finn was not limited to my capacity as the Executive Director of CAR. As the individual plaintiff in several open government lawsuits, I had retained the O'Boyle Law Firm as my personal legal counsel. 20. My communications with the attorneys of the O'Boyle Law Firm, including Jonathan O'Boyle, affected both CAM and me, as an individual client. 21. Martin O'Boyle and Jonathan O'Boyle told me that Martin O'Boyle was funding the O'Boyle Law Firm. 22. Martin O'Boyle told me that he was also funding CAR. 23. The Martin O'Boyle business entities, including Commerce Group, Inc., CAFI, and the O'Boyle Law Firm operated from the same physical location and were controlled by Martin O'Boyle. 24. Despite assurances that CAR would be independent and not-for-profit, Martin O'Boyle and the O'Boyle Law Firm used CAFI for the sole purpose of generating attorney's fees for the O'Boyle Law Firm. 25. Throughout my tenure with CAR,1 repeatedly demanded that lawsuits not be filed or settled without my direct authorization. 26. In spite of Martin O'Boyle's initial assurances to the contrary, I was not permitted to retain legal counsel on behalf of CAFI, other than the O'Boyle Law Firm. William Ring, CAM's President and Martin O'Boyle's proxy, communicated this to me. 27. On numerous occasions, I learned that the O'Boyle Law Firm, on behalf of CAFI, had filed lawsuits, without my knowledge or authorization. 28. The O'Boyle Law Firm routinely settled cases without written fee agreements, contingency agreements or closing statements. No accountings of the monies received were provided to me despite my repeated requests for that documentation. 29. Repeatedly, I advised Martin O'Boyle, William Ring and Jonathan O'Boyle that my other personal attorneys had advised it was a serious Bar violation to disburse settlement funds without client approval or closing statements, 30. Despite my protests, the O'Boyle Law Finn continued to file and settle lawsuits on behalf of CAFI and to collect and keep settlement payments. At no time was I ever presented with any form of accounting for legal fees or the disbursement of settlement payments. 31. During the O'Boyle Law Firm's representation of CAFI and me, I was personalty present, or present by telephone, at numerous O'Boyle Law Firm meetings. Denise DeMartini, Martin O'Boyle's executive assistant and Director of CAFI, conducted these aw firm meetings. During these meetings, and in my presence, many pending cases were discussed. These discussions included the details of cases to which neither CAFI nor I were parties. Denise DeMartini is not a member of the Florida Bar. 32. It became commonplace for Martin O'Boyle to express his opinions and to offer his advice with respect to litigation strategies and on the conduct of CAFI lawsuits as well as the cases of other firm clients. Jonathan O'Boyle actively participated in these discussions and, in my presence, directed the work of O'Boyle Law Firm attorneys and made litigation decisions. 33. During the course of my employment I learned that Martin O'Boyle directed his secretary to file in excess of 100 public records requests to the Town of Gulf Stream, under the pretense that these were being filed on behalf of CAFI. He also ordered that lawsuits be filed by CAFI against the Town of Gulf Stream. This was done without my authority and litigation was filed over my objection. 34. When I complained about the fact that Martin and Jonathan O'Boyle were not honoring the commitment that I would have sole authority to make public records requests and conduct litigation, I was told by William Ring that this was "the way Big Daddy wants it", i.e., Martin O'Boyle. Otherwise, "Big Daddy will turn-off the spigot of money". 35. Jonathan O'Boyle advised me that he was not a member of the Florida Bar but would be become a member within days. During the five months that I worked with CAFI, Jonathan O'Boyle worked full-time at the O'Boyle Law Firm providing legal advice, directing the administration of cases, and assuming responsibility for cases. 36. The O'Boyle Law Firm and Jonathan O'Boyle prosecuted and filed some cases without my permission and settled some cases without my knowledge or consent. 37. No retainer agreements were ever entered into with me on behalf of CAFI. No contingency agreements were entered into with me on behalf of CAFI. No closing statements were ever presented to me and it appears that all monies that were solicited from defendants were paid directly to the O'Boyle Law Firm. 38. Martin O'Boyle, through his entities, funded all of the filing fees and expenses of CAFI as well as the expenses of the O'Boyle Law Firm. CAFI has now filed scores, if not hundreds, of cases against state and local agencies throughout Florida as well as various state contractors. 39. The employees of all of Martin O'Boyle's entities, including The Commerce Group, Inc., CAFI and the O'Boyle Law Firm were shared. Denise DeMartini and William Ring worked for Martin O'Boyle, CAFI and the O'Boyle Law Firm. 40. Although Martin O'Boyle named Denise DeMartini a director of CAFI, she also directed the operations of the O'Boyle Law Firm and conducted law firm meetings. 41. Denise DeMartini repeatedly stated that CAFI was required to file at least one hundred lawsuits a month; that all lawsuits had to be directed to the O'Boyle Law Firm for prosecution, and; that as my direct supervisor, she would evaluate my performance based upon my ability to deliver a minimum of twenty-five case per week to the O'Boyle Law Firm. 42. Through William Ring, Martin O'Boyle insisted that the O'Boyle Law Firm handle all litigation. 43. Martin O'Boyle told me he had unlimited money to pay filing fees for CAFI cases and I was to file as many cases as possible. 44. When 1 asked Martin O'Boyle to quantify how many cases he was willing to finance he said it was virtually unlimited. When I again tried to clarify by asking him if he was willing to finance three thousand (3,000) cases in a single year, he said "sure." 45. When I learned it was the policy and practice of the O'Boyle Law Firm to demand settlement of cases against government entities and state contractors for attorney's fees in excess of the fees actually earned I was livid. In fact, I confronted William Ring, Denise DeMartini and Jonathan O'Boyle in May of 2014 and stated in unequivocal terms that 1 would resign if it didn't stop. 46. In one telephone conversation with Jonathan O'Boyle I warned him at least six times that I was going to resign and that I objected to Denise DeMartini's demands that I produce 100 cases per month, her control of the O'Boyle Law Firm and the windfall scheme of collecting more monies in attomey's fees from defendants, than had actually been earned. 47. Despite these complaints, William Ring, Denise DeMartini and Jonathan O'Boyle told members of the firm that I had authorized the windfall scheme. When I learned of this I confronted those involved. Nick Taylor, Esquire confirmed that despite my objection, the windfall scheme would continue as firm policy. Shortly thereafter, I announced my resignation. 48. Ryan Witmer and Giovanni Mesa announced they were also going to resign. 49, William Ring announced he was going to become a member of the O'Boyle Law Firm at about that time. 50. After I resigned, Martin O'Boyle contacted me by telephone and demanded that I withdraw an email I had sent to Nick Taylor regarding Jonathan O'Boyle's unlicensed practice of law and Jonathan O'Boyle's authorship of the windfall scheme. During that call, which was my last conversation with Martin O'Boyle, he repeatedly threatened to bring great "unpleasantness" to my life if I failed to renounce my email to Nick Taylor. 51. Thereafter, Martin O'Boyle repeatedly attempted to contact me by telephone and email seeking my assistance to facilitate CAM in filing additional lawsuits. 52. After resigning from CAFI I sent an email to numerous newspaper and television news reporters announcing my resignation. I copied that announcement to dozens of individuals, including Robert Sweetapple, Esquire, to notify them of my disassociation and disapproval of the O'Boyles and their activities. 53. Within a few days of my resignation from CAFI, I granted an interview with a reporter from the Lakeland Ledger and provided many of the details contained within this affidavit. 54. Prior to emailing Robert Sweetapple, I had never met him, spoken to him, nor had he or any members of his firm contacted me. 55. Prior to my emailing the law firm of Jones Foster, I had never had any contact with Joanne O'Connor, Esquire, or any member of that law firm. 56. My subsequent contact with Robert Sweetapple and Joanne O'Conner was entirely the result of own initiative. 57.1 sent my email to Robert Sweetapple because I knew he represented the Town of Gulf Stream, which I believed was being victimized by Martin O'Boyle and the O'Boyle Law Firm and I was concerned that the conduct of Martin O'Boyle and the O'Boyle Law Firm might be illegal and fraudulent. 58. I believed that I had a duty to make all victims, including the Town of Gulf Stream, aware of what I learned during my association with Martin and Jonathan O'Boyle. For example, Martin O'Boyle's orchestration of more than one hundred public records requests being served upon the Town of Gulf Stream, allegedly under the name of CAFI, but without my authorization; Martin O'Boyle's direction that lawsuits be filed by the O'Boyle Law Firm in the name of CAM against the Town of Gulf Stream but without my authorization, and; in spite of my objections, Martin O'Boyle's use of CAFI as a weapon in his personal vendetta against the Town. 59. Prior to contacting Robert Sweetapple to make him aware of my concerns regarding Martin and Jonathan O'Boyle's conduct, I met with numerous private attorneys. As a result of those meetings I concluded that I had a duty to disassociate myself from the O'Boyles and to make full disclosure of any illegal and fraudulent activities. I have also contacted numerous other victims and their attorneys to advise them of the conduct of the O'Boyles and to provide them with evidence of such conduct 60. Before speaking with Robert Sweetapple on the phone I spoke with Joanne O'Connor by telephone and made her aware of the misconduct. 61.1 then provided to Robert Sweetapple evidence of what I believe may be fraudulent and criminal conduct as well as a detailed chronology of events. 62. Thereafter, I spoke with Robert Sweetapple and gave him permission to meet with me and to take a voluntary sworn video statement concerning my involvement with Martin O'Boyle, Jonathan O'Boyle, CAFI and the O'Boyle Law Firm. 63. At all times Robert Sweetapple made me aware of the application of the lawyer -client privilege, both as it pertained to CAFI and to me personally. I determined, based upon independent legal advice, that I was fully permitted and had a duty to disclose what I believe to be the criminal and fraudulent conduct of Martin O'Boyle, Jonathan 9 O'Boyle, CAM and the O'Boyle Law Firm. I also voluntarily waived privileged matters that arose from the joint representation by the O'Boyle Law Firm. 64. In spite of the many contrary assurances made by Martin O'Boyle to me, including the exercise of my independent judgment and meaningful economic resources to be used to promote the public's right to access government records and meeting, in reality CAFI's sole purpose is to serve as an exclusive in-house mechanism whereby the O'Boyle Law Firm can generate legal fees by filing hundreds of open government lawsuits. 65. The egregiousness of the scheme was exacerbated by the O'Boyle Law Firm's policy of demanding excessive and unearned legal fees from defendants as a condition of settlement. 66. Simply put, CAM is a profit -generating scheme funded by Martin O'Boyle to produce fees for his son's legal practice. 67. Allegations that Joanne O'Conner, Robert Sweetapple or their firms purposely solicited and obtained confidential information from me is false. The allegation that this was done to gain an unfair advantage in litigation is further false. 68. The information that I provided to Robert Sweetapple and Joanne O'Connor was not intended to provide an unfair advantage to the Town of Gulf Stream, but to make the Town and all other victims aware of what I believe to be the fraudulent, criminal and professionally unethical conduct of Martin O'Boyle, Jonathan O'Boyle, CAFI and the O'Boyle Law Firm. 69. Robert Sweetapple and Joanne O'Connor did not solicit privileged information from me. I voluntarily contacted them and made my own determination, after meetings with 10 independent counsel, as to what information and documents to provide to victims. 70. My sole motivation for contacting the media, victims and their attorneys, proving evidence, inviting the taking of my sworn statements and authoring this affidavit is to protect the essential civil right of all Floridians to know what their government is doing in their name and at their expense. It is my considered opinion that the unconscionable conduct of Martin O'Boyle, Jonathan O'Boyle, CAP[ and the O'Boyle Law Firm serves as an example of the abuse of our legal system and will be used by opponents of open govermnent as an excuse to limit the public's right to know. FURTHER AFFIANT SAYETH NAUGH . JOEL1,50MANDLEP SWORN TO AND SUBSCRIBED before me thisc:`V�7 day of October, 2014. EQ� AM9Efl COL59N BELLY NotaryPu611c -Stale at Florida iMyComm.Expires May 31, 2915 Commission M EE 166909 Personally known Produced Identification Identification produced: R_ DL Il l��� C. NOTARY PUBLIC Printed Name of Notary My Commissions Expires:y TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail February 5, 2016 Martin E. O'Boyle [mail to: records@commerce-group.com] Re: GS # 2102 (1190) (1) Please provide copies of all depositions (paper depositions, video depositions and audio depositions) where the deponent was Joel Chandler. This request is for the period beginning January 1, 2013 through the date of this request (the 'period'). (2) Please provide copies of all sworn statements and timelines prepared by or related to Joel Chandlerfor the period. (Was stated that this supersedes PRR 1188) Dear Martin E. O'Boyle [mail to: records(ia commerce-group.coml, The Town of Gulf Stream has received your original record request dated January 28, 2016. Your original public records request can be found at the following link http://www2.gulf- stream.ore/weblink/O/doc/76371/Pasel.aspxx. Please refer to the referenced number above with any future correspondence. You previously received a response on this same request from Joanne O'Connor which is attached to the above link. The Town has nothing other than what she has provided to you. We consider this closed. Respectfully, Town Clerk, Custodian of the Records