HomeMy Public PortalAboutPRR 16-2166RECORDS REQUEST (the "Request")
Date of Request: 04/25/2016
Requestor's Request ID#: 1218
REQUESTEE: Custodian of Records Sweetannle. Broeker & Varkas
Custodian of Records Jones, Foster. Johnston & Stubbs
Custodian of Records Town of Gulf Stream
Custodian of Records Richman Greer, P.A.
Custodian of Records Cole Scott & Kissane (Palm Beach Lakes)
Custodian of Records Cole Scott & Kissane. (Lakeview Avenue)
Custodian of Records Johnson Anselmo Murdoch Burke Piper & Hochman. 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(az)commerce-group.com:
Phone: 954-360-7713; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442
REQUEST: Please provide a copy of the transcript (including all exhibits) resulting from the hearing of
February 3, 2015 and relating to the litigation styled: Martin O'Boyle vs. Town of Gulf Stream (Case No.
502014CA005189X)CK MB). To the extent that the documents requested are not in the possession of
any of the Reguestees please amend this Request on a daily basis until such time as the requested
documents are available.
ADDITIONAL INFORMATION REGARDING REQUEST:
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 6119.01(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 TARE NOTE OF fit 19.070)(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 he 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/NP/FLRR - 07.28.2015
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
April 27, 2016
Martin E. O'Boyle [mail to: records@commerce-group.com]
Re: GS #2161 (1216), #2164 (1212), #2165 (1219), #2166 (1218), #2167 (1220)
Provide a copy of all videos taken (or caused to be taken) of Joel Chandler on July 23, 2014 by
the Town of Gulf Stream (including, without limitation, any attorney's respresenting the Town of
Gulf Stream).
Please provide a copy of the transcript (including all exhibits) resulting from the depositon of
William Thrasher of January 30, 2015 and relating to the litigation styled: Martin O'Boyle vs
Town of Gut(Stream (Case No. 9:14 -CV -81248). To the extent that the documents requested are
not in the possession ofany ofthe requestees, please amend this request on a daily basis until such
time as the requested documents are available.
Please provide a copy of the transcript (including the exhibits) resulting from the hearing of June
16, 2015 and relating to the litgation styled: CGAcquistion Company, Inc. vs Town of Gulf Stream
(Case No. 502014CA007123AUM1B). To the extent that the documents requested are not in the
possession of any of the requestees, please amend this request on a daily basis until such time as
the requested documents are available.
Please provide a copy of the transcript (including the exhibits) resulting from the hearing of
February 3, 2015 and relating to the litgation styled: Martin O'Boyle vs Town of Gulf Stream
(Case No. 502014CA005189XX�L'1i IB). To the extent that the documents requested are not in the
possession ofany of the requestees, please amend this request on a daily basis until such time as
the requested documents are available.
Please provide a copy ofthe transcript (including the exhibits) resuultingfrom the hearing ofMarch
31, 2015 and relating to the litgation styled: Citizens Awareness Fouunation, Inc. vs Town of Gulf
Stream (Case No. 502014CA005771,UCC31B). To the extent that the documents requested are
not in the possession ofany ofthe requestees, please amend this request on a daily basis untilsuch
time as the requested documents are available.
Dear Martin E. O'Boyle [mail to: records@.commerce-u>_roun.coml,
The Town of Gulf Stream has received your public records requests dated April 25, 2016. The
original public record request can be found at the following links hU://www2.eulf-
stream.org/weblink/O/doc/89889/Pagel.asnx, htty://www2.uuulf-
stream.ore/weblink/O/doc/89971/Pagel.asp , htta://www2.gulf-
stream.org/weblink/0/doc/89972/Pagel.asox, hgp://www2.gulf-
stream.org/weblink/0/doc/89973/Pagel.asPx, and httn://www2.gulf-
stream.org/weblink/0/doc/89974/Pagel.aVxx. Please be advised that the Town of Gulf Stream is
currently working on a large number of incoming public records requests. The Town will use its
very best efforts to respond to you in a reasonable amount of time with the appropriate response
or an estimated cost to respond.
Sincerely, Town Clerk, Custodian of the Records
In the Matter Of:
O'BOYLE vs. TOWN OF GULF STREAM
2014CA005189XXXXMB AB
HEARING
February 03, 2015
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HEARING
O'BOYLE vs. TOWN OF GULF STREAM
February 03, 2015
1
IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CASE No.: 2014CA005189XXXXMB AE
Ia01 � VA00hiia1
-vs-
O'BOYLE,
Plaintiff,
THE TOWN OF GULF STREAM,
Defendant.
HEARING BEFORE THE HONORABLE
JESSICA TICKTIN
Tuesday, February 3, 2015
Palm Beach County Courthouse
West Palm Beach, Florida 33401
1:59 - 3:12 p.m.
Renee Watson, Stenographic Reporter
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HEARING February 03, 2015
O'BOYLE vs. TOWN OF GULF STREAM 2
1
2 APPEARANCES OF COUNSEL
3
4 On behalf of the Plaintiff:
5 DANIEL DESOUZA, ESQUIRE
Daniel DeSouza, P.A.
6 101 N.E. 3rd Ave., #1500
Ft. Lauderdale, FL 33301
7 954.603.1340
8 and
9 VRENDA CAIN, ESQUIRE
The O'Boyle Law Firm, P.C.
10 1286 W. Newport Center Dr.
Deerfield Beach, FL 33442
11 954.574.6885
12
13 On behalf of the Defendant:
14 JOANNE O'CONNOR, ESQUIRE
Jones, Foster, Johnston & Stubbs, P.A.
15 505 S. Flagler Dr., Ste. 1100
West Palm Beach, FL 33402
16 561.659.3000
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HEARING February 03, 2015
O'BOYLE vs. TOWN OF GULF STREAM 3
Thereupon, the following proceedings were had:
THE COURT: I know we're here today on O'Boyle
v. the Town of Gulf Stream. I have received --
just so you can see, I have received all the
materials. Do they look familiar? Okay.
MR. DESOUZA: Yes, Your Honor. We have one
more binder of some case law --
THE COURT: Okay.
MR. DESOUZA: -- which I can either give to
you now or when I get up to talk.
THE COURT: That will be great, if you're
going to refer to it during the hearing.
MS. O'CONNOR: And just for the record, Your
Honor, this is the first time I've seen the case
law, I haven't had an opportunity to review any of
it.
here?
THE COURT: Okay. Is there anything new in
MS. O'CONNOR: Yes.
MR. DESOUZA: It's new case law that's not
cited in the briefs, Your Honor. It's in kind of
response to what the Town of Gulf Stream put in on
Friday, so we did the research on the weekend, put
the case law together.
THE COURT: You didn't send it to them?
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1 MR. DESOUZA: I just really got it together
2 yesterday, Your Honor. I can discuss with
3 Ms. O'Connor -- all the cases that I'm going to
4 refer to all refer to a singular subject, and it's
5 all on the exact same issue. It's ten cases that
6 say the exact same thing, Your Honor, and I don't
7 think Ms. O'Connor is going to dispute what the
8 cases actually say. But we can address the issue
9 when I --
10 THE COURT: Yes, we'll address the issue, but
11 just to be fair, since it is new case law that was
12 just presented, and opposing counsel didn't have a
13 chance to even review it --
14 MR. DESOUZA: Understood.
15 THE COURT: -- we don't even know if
16 they're -- they may want to respond, so I will give
17 them at least a week to get me a response, if there
18 is one.
19 MS. O'CONNOR: Thank you, Your Honor.
20 MR. DESOUZA: And that's perfectly fair, Your
21 Honor.
22 THE COURT: Okay. So before we begin, I want
23 you all to know, I have the joint trial exhibits,
24 this is what you all intend to introduce into
25 evidence today?
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MS. O'CONNOR: Correct, Your Honor.
MS. CAIN: Yes.
THE COURT: Okay. And it's all agreed upon,
there are no objections to it?
MS. O'CONNOR: No, Your Honor.
THE COURT: Okay. All right, very good. And
also, just a preliminary statement, just so you
know, I was supposed to have a jury trial this
week, they settled, back up settled, so that's why
we have this time. I have the rest of the
afternoon available if you need it, we can go over
the hour. I don't want you to think that you're
limited in this time, because I want to hear
everything that you want to present.
Also, since I have a jury room available with
restrooms, you're free to use those so you don't
have to walk all the way down the hall. And there
is also a coffeemaker, so when we take a break, I
just wanted to invite you to use that so we can be
comfortable and a little bit less formal.
All right. So with that, does counsel want to
state their appearances for the record?
MR. DESOUZA: Your Honor, Daniel DeSouza on
behalf of plaintiff, Martin O'Boyle. I have here
with me co -counsel, Ms. Vrenda Cain.
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1 MS. CAIN: Good afternoon, Your Honor.
2 THE COURT: Good afternoon.
3 MS. O'CONNOR: And Your Honor, Joanne O'Connor
4 with Jones, Foster, Johnston & Stubbs for the
5 defendant, Town of Gulf Stream.
6 THE COURT: Okay. Very good. Thank you.
7 All right. Do you want to do opening
8 statements?
9 MR. DESOUZA: Your Honor, I don't know how
10 Ms. O'Connor wants to proceed, but I think given
11 that we have no witness testimony, I think we can
12 probably just stand up, give a little brief
13 introduction --
14 THE COURT: Sure.
15 MR. DESOUZA: -- of our positions, and maybe
16 field questions from the Court.
17 THE COURT: Sure, that's wonderful. I'll let
18 you run the show. I didn't know how you wanted to
19 do this, and what's easiest for you, so I'm just
20 here --
21 MS. O'CONNOR: More like a summary
22 judgment -type hearing.
23 MR. DESOUZA: Yeah, it's --
24 MS. O'CONNOR: Purely mixed issues.
25 MR. DESOUZA: It's one of those rare
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1 opportunities, Your Honor, where we go to trial and
2 no one seems to disagree with the facts of what
3 happened and who said what and who did what. I
4 think it's really just a legal issue at this point.
5 THE COURT: Okay. That's great.
6 Did you want to introduce people in the
7 courtroom too? Are they -- since we don't have
8 witnesses.
9 MR. DESOUZA: Sure. Your Honor, these are not
10 clients associated with the case, but here, there
11 is a Gulf Stream resident, Mr. Chris O'Hare, who
12 has some other litigation pending against the Town
13 of Gulf Stream. I'm sure he's interested in the
14 result of this case.
15 THE COURT: Okay.
16 MR. DESOUZA: And Mr. O'Hare's, I'll call him
17 consigliere or general counsel, or Mr. Lou Roeder
18 over here.
19 THE COURT: Okay.
20 MR. DESOUZA: Your Honor, I'll start off with
21 the assumption that you've seen the trial memos
22 from both parties at this point, you've read them
23 and you're familiar with the general issue that's
24 before the Court today. And with the Court's
25 indulgence, I won't rehash our entire argument,
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1 possibly save some time here.
2 THE COURT: Okay.
3 MR. DESOUZA: What I will do is just give a
4 very brief introduction of what this case is, and
5 what this case is not, and what it's actually
6 about, what we're here for today.
7 As the Court knows, there is no witnesses here
8 to testify. We submitted a joint pretrial
9 stipulation. Like I said, it's a very rare case
10 where everyone agrees on the facts. And the facts
11 are, we're talking about three public records
12 requests, a series of public records requests made
13 by the plaintiff, Mr. O'Boyle, to the Town of Gulf
14 Stream. In response, the Town of Gulf Stream has
15 said there are documents responsive, you can have
16 the documents, you just have to pay this fee
17 schedule that we have provided for you. And what
18 we're arguing about today is not that they say
19 there is no documents and we say there are, the
20 only thing we're here to argue about today is
21 whether the fee schedule provided by Gulf Stream is
22 legal under Chapter 119.
23 THE COURT: Right.
24 MR. DESOUZA: And that fee schedule broken
25 down is $0.01 per paper -- this is a per copy --
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$0.01 per paper, $0.06 for, what we're really
arguing about today, which is a prorated number
from the Xerox rental the Town of Gulf Stream rents
out, down to --
THE COURT: From 2013.
MR. DESOUZA: -- the number of copies from
2013, and a separate $0.01 per page meter charge
that is paid to Xerox by Gulf Stream for every copy
that gets run through the machine. It's
plaintiff's position that the $0.06, and the
separate $0.01 for meter charge, that's improper
under Chapter 119. And our contention is it's
improper because that does not represent the Town
of Gulf Stream's actual cost of duplication. Gulf
Stream's response is no, you're wrong, it is
proper, that is our actual cost of duplication.
So what I'd like to do, rather than go through
our argument and our trial brief, is to respond to
what Gulf Stream says in its trial brief.
THE COURT: Okay. My understanding, just so
you understand, from what I've read, and I did read
both sides' memos, it seems like there is a dispute
over what is overhead.
MR. DESOUZA: It's the big argument.
THE COURT: Right. So, I mean, it seems like
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1 everyone agrees as to the amount that's been
2 charged, and how it's broken down, it's just
3 whether or not these are allowable, so that's --
4 MR. DESOUZA: I'd like to think of it as it's
5 not the million -dollar question, it's the 7 -cent
6 question, or the 6 -cent question.
7 THE COURT: Exactly. But that's what I would
8 really appreciate your focus and your attention on.
9 MR. DESOUZA: Sure. And that's clearly the
10 bulk of the issues here, Your Honor.
11 THE COURT: Okay.
12 MR. DESOUZA: The first issue that I did want
13 to bring up just briefly, so that we're all on the
14 same page here, is that Gulf Stream in its trial
15 memo raises this issue of, well, by default, we can
16 charge you up to $0.15 cents a page under the
17 statute, and that's proper, and so we're charging
18 you less than 50 percent at $0.08 a page, or
19 roughly around that 50 percent, so what's the big
20 fuss about, what's the problem? Well, it's not an
21 issue of what's the big fuss, and it's not an issue
22 of saving money versus $0.08 versus $0.15, Your
23 Honor, it's an issue of statutory instruction, and
24 following what the statute actually says.
25 Just to put it to rest before we go any
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further, Chapter 119.07(4)(a) states you can charge
up to $0.15 cents a copy for 8 1/2 x 11, 8 1/2 x
14. What the statute goes on to say is that if you
assess a special service charge because of
extensive labor or extensive time required to
respond to a public records request, you must
charge actual cost of duplication, not up to $0.15,
what your actual cost of duplication is. If we
were here on a different case, the Town of Gulf
Stream did not charge a special service charge, we
could be arguing for hours on whether up to $0.15
means 15 is fine, or whether 12 is fine, or that 10
is fine. That's not the case we're here for today.
The case we're here for today, and it's been
admitted in the pretrial stipulation, Town of Gulf
Stream assessed a special service charge, and by
the Town of Gulf Stream's own policies, which are
exhibits, they follow the statute: "We will only
charge the actual cost of duplication." And so the
only thing we're really here about is whether that
$0.08 is actual cost or not.
So as I said, the million -dollar question, or
at least the 6- or 7 -cent question is, is this
overhead? is this actual cost of duplication? is
this material and supplies? And I say those three
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1 1 terms very carefully because I don't want to mince
2 1 words when I use those three terms. All three of
3
those terms are used in
the statute,
and all of
4
them are very important
to recognize
the
5
distinctions between. I
think in the
trial brief
6 1 of Gulf Stream, there is a little bit of confusion
7 as to what each word means, and I think we have to
8 go through and figure out exactly what they are.
9 So according to Gulf Stream, it pays $501.42 a
10 month on a five-year lease to Xerox for this copy
11 machine. In the pretrial stipulation, no one
12 disputes it. Every month they pay the exact same
13 amount of dollars: $501.42. Gulf Stream says we
14 can take that 501.42, we can divide it by fiscal
15 year 2013, number of copies, and multiply it out,
16 and come to $0.06 per page that we can fairly
17 charge to everyone that makes a copy in the Town of
18 Gulf Stream. And they provide various support in
19 their trial brief for that proposition.
20 The first thing that Gulf Stream does in its
21 trial brief is actually goes outside of Florida.
22 It says here is a case from Ohio, here is a case
23 from California, you see, these cases say we can
24 charge this type of stuff for these types of
25 copies, and therefore, it works here too. well,
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it's a problem with Gulf Stream's analysis.
First, they start with Ohio, this State ex.
rel. Strothers v. Gorden case, and in this case,
the court talked about actual cost of duplication,
a similar term that we have here, includes machine
maintenance, direct operating costs, toner, and
equipment -related costs. That's from the case.
And therefore, Gulf Stream's position is, you see,
these are actual costs of duplication. Well, the
problem with that line of analysis, first, is that
overhead, this term, this concept of overhead is
not excluded in the Ohio statute. In fact, as Gulf
Stream quotes in its trial brief, "Overhead is
specifically included in the Ohio statute." When
you see Gulf Stream's brief on page 10, as it's
referring to the Ohio case, where the statute also
includes "any direct equipment operating and
maintenance costs." That's included within the
Ohio public records statute. It is not included in
Florida. The Ohio statute does not exclude
overhead, it includes it. The Ohio case is
inapposite to what we have before the Court.
Second thing Gulf Stream does is it goes to
California. Haven't got to Florida yet, now we're
in California. And Gulf Stream cites North County
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1 Parents Organization v. Department of Education,
2 and this is for the principle that direct costs
3 include cost of running the machine. Again, we
4 have a statute that does not exclude overhead, in
5
this case
we have a
statute
that was
repealed
6
subsequent
to this
case, and
we have
a completely
7
different
term than
we have
here, we
have direct
8 costs as opposed to actual costs of duplication, we
9 have no exclusion of overhead. Again, this case is
10 inapposite.
11 So then, Gulf Stream decides to move away from
12 case law, and move into dictionary definitions, and
13 the definition of "overhead" that its own town
14 clerk believes is the correct definition. And Gulf
15 Stream starts off with Black's Law Dictionary.
16 It's a good resource, us lawyers all use it for
17 legal concepts. And according to Gulf Stream, the
18 Black's Law -- and they include it in their
19 exhibits -- the Black's Law definition of
20 "overhead," this is on page 11 of the trial brief:
21 "Business expenses (such as rent, utilities, or
22 support -staff salaries) that cannot be allocated to
23 a particular product or service ... also termed
24 administrative expense, office expense."
25 Now, as I'm sure Your Honor knows, you get
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1
curious
when you see an ellipsis that a lawyer puts
2
into a
definition
or into a quote,
and you wonder
3
what it
is that a
lawyer decided to
leave out that
4
was so
unimportant
that it could be
just left out
5
of the
definition
of what overhead
means. And when
6 you flip to the definition in Black's Law, in
7 overhead, what the Town of Gulf Stream curiously
8 decided to leave out from that definition is,
9 quote, fixed or ordinary operating costs. That's
10 what overhead is. Fixed or ordinary operating
11 costs. Such as 501.42 that you pay to Xerox every
12 single month for five years. That number does not
13 waiver, it does not go up, it does not go down. It
14 is their fixed or ordinary operating costs.
15 Now, Gulf Stream next goes to Merriam -Webster.
16 This is also on page 11 of the trial brief.
17 "Overhead: Business expenses not chargeable to a
18 particular part of the work or product." We even
19 get Town Clerk Rita Taylor's interpretation, which
20 is, well, I think it's electricity, I think it's
21 rent. The bottom line is, Your Honor, I can give
22 you three other definitions from three other online
23 dictionaries, I can give you my interpretation of
24 overhead, Ms. O'Connor can give you her
25 interpretation of overhead. The common nucleus to
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1 1 all definitions of overhead is as left out from the
2 Black's Law Dictionary, it is fixed expenses that a
3 business incurs regardless of what the existence of
4 a Mr. O'Boyle or anyone else in the world. And on
5 that point, Your Honor, this is where we get to the
6
binder
that I
gave you, because
Gulf Stream
goes to
7
great
lengths
to say this is not
overhead.
It's
8 1 not overhead.
9 But before we go to the binder, Your Honor,
10 what I want you to go to -- this is perhaps most
11 telling -- is page 36 of Gulf Stream's trial brief.
12 Paragraph 36, I'm sorry.
13 THE COURT: Okay.
14 MR. DESOUZA: And here on paragraph 36, Your
15 Honor, you see, "In considering the guidance from
16 the Florida Attorney General along with the plain
17 meaning of the terms used in the Public Records
18 Act, the 'overhead' costs excluded from the actual
19 costs of duplication clearly refer to those
20 expenses that cannot be directly allocated to
21 duplicating public records, i.e." -- and this is
22 the part that Gulf Stream itself underlines and
23
sets out --
"those expenses that
would be incurred
24
by the Town
regardless of whether
any copies are
25
ever made."
That's Gulf Stream's
own definition in
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its own trial brief of what constitutes overhead or
not. And I don't think there is any dispute, or
can there be, as the facts are all stipulated, that
$501.42 are incurred regardless of whether any
copies are ever made. The Town of Gulf Stream
could shut down tomorrow for a freak early
hurricane that keeps the Town closed for the next
month, Xerox still expects a check for $501.42.
Mr. O'Boyle can make a hundred public requests
tomorrow, or he can make zero, they're still paying
$501.42 to Xerox.
But as I said before, we can argue until we're
all blue in the face as to what's overhead or
what's not overhead. My definition, Ms. O'Connor's
definition, Rita Taylor's definition, who is the
town clerk, it doesn't matter, Your Honor.
The binder that I provided you, and which I
invite Ms. O'Connor to respond to, to look at the
case law herself, I provided the Court with
approximately eight to ten cases from around the
country that have all tackled the issue of what is
overhead, what is not overhead. And Your Honor,
I'll quote a few of these, and I'll give you the
tab that they are in the binder, tab 7, Melka
Marine v. United States. This is a federal circuit
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case from 1999. Quote, "Home office overhead
typically includes accounting and payroll services,
salaries for upper level managers, general
insurance, utilities, taxes, and depreciation."
THE COURT: Can I stop you for a second?
MR. DESOUZA: Yes.
THE COURT: My tab 7 is the deposition of Rita
Taylor.
MR. DESOUZA: This should be the binder
without any writing on it, the one that I handed to
the Court today.
THE COURT: Oh, okay. Thank you.
MR. DESOUZA: This case stands for the
proposition that overhead includes depreciation.
Why is that? Why is that relevant? Well, in
paragraph 37 of Gulf Stream's trial brief, it
states -- the Town's position is clearly set out --
"The Town's expenses to make a copy include not
just the paper run through the machine, but the
ink, toner, and the equipment itself (whether the
rental fee in the case of a leased copier, or
depreciation expense when the machine is
purchased)."
And Your Honor, this is where I think the
confusion arises. I think there is no dispute that
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1 Gulf Stream's actual cost that they pay out of
2 their own pocket includes office equipment rental,
3 it includes depreciation. There is no question
4 that Gulf Stream actually incurs those costs. The
5 issue is we're confusing and we're mincing words
6 between actual cost of duplication and overhead.
7 There is no dispute they incur the cost; however,
8 if that cost is overhead, it is specifically
9 excluded under the statute. Now, Gulf Stream's
10 position is, well, if it was depreciation, we could
11 include it. Depreciation is a piece of overhead,
12 there is no question about that in the case law.
13 1 And I turn Your Honor to tab 6 in this binder
14 that I gave you, this is Martin County v. Polivka
15 Paving, Inc. This is a Florida appellate court
16 from 2010. "Unlike direct costs, which are
17 incurred only because of a particular contract,
18 overhead costs are incurred even if the contractor
19 had not undertaken a particular project," i.e.,
20 $501.42, regardless of the existence of public
21 records requests or not.
22 Tab 8, this is Aniero Concrete v. Aetna
23 Casualty and Surety Company. "Courts" -- I'm
24 sorry, this is out of the Southern District of New
25 York in 2002. "Courts have permitted compensation
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in quantum meruit for overhead costs, such as the
rent of small tools and equipment." It goes on,
various items, equipment rental, and various other
items.
Tab 5, Detroit Bank and Trust Company v.
Coopes. This is out of the Court of Appeals of
Michigan. "Fixed overhead includes such items as
employee wages, rent, equipment rental, et cetera."
Tab 4, this is out of the Northern District of
Alabama in 1973, this is Schlesinger v. Wallace.
"Law firms overhead expenses for such items as
office rent, secretarial salaries, clerical
salaries, Xerox machine rent, automatic typewriter
equipment, and various other items."
Tab 3, Mortgage Payment v. Cynosure, Middle
District of Florida, 2011. "Among other items, the
overhead calculation included rents, taxes,
telephone, travel, office equipment leases."
Tab 1, and this one actually drives the point
home as well. The attorney -- and I'm sorry, this
is In Re: Glassstream Boats, this is bankruptcy
court, Middle District of Georgia, 1992. Here is
the quote, Your Honor: "The attorney for the
trustee submitted an affidavit in regard to his
request for facsimile charges reimbursement. In
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1 Mr. Flatau's affidavit he set out that the cost of
2 his firm's facsimile machine is $945. Mr. Flatau
3 further stated that based on a three-year straight
4 line depreciation, the annual cost of the facsimile
5 machine is $315. This ends up being a monthly cost
6 to his firm of $26.25. Also, Mr. Flatau contends
7 that the cost of the telephone line to the
8 facsimile machine is $43.47 per month. Although
9 these expenses are actually incurred by
10 Mr. Flatau's firm for the use of the facsimile
11 machine, these expenses relate to overhead and are
12 not reimbursable expenses."
13 The cases go on and on, Your Honor, but they
14 all say exactly the same thing. And that is, as
15 Gulf Stream concedes in its own trial brief, that
16 fixed operating expenses, expenses that you will
17 incur regardless of events that transpire during
18 the month, that's overhead. Gulf Stream wants to
19 limit it to electricity, telephone bills, and what
20 Gulf Stream wants to say to move something out of
21 overhead is this calculation they've come up with.
22 Well, we're not trying to charge $501.42, what
23 we've done is we've done this fancy calculation,
24 and we've multiplied out by the number of pages,
25 and it comes down, and it's only $0.06 per page is
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O'BOYLE vs. TOWN OF GULF STREAM 22
1 what it actually costs. Well, you can't transform
2 an item of overhead just by doing some sort of pro
3 rata basis to it. If you could, you could do the
4 exact same thing with electricity, with telephone,
5 with anyone. You say these are the amount of hours
6 that people are in the building on average. We
7 have 500 people in the building, multiply that out,
8 divide it, and I can charge everyone $0.03 a day
9 for electricity. It doesn't make something not
10 overhead just because you can do some sort of
11 calculation for it.
12 Now, the testimony here, Your Honor, and the
13 facts that everyone agrees upon, we are talking
14 about a copy machine that is not used solely for
15 public records requests, and we need to make that
16 point clear. This is the Town's copy machine.
17 This is not come in, insert your dollar, make your
18 public records copies. This is a machine that is
19 used for town business. In fact, Ms. Taylor at her
20 deposition stated that the vast majority of the
21 public records requests that are made by my client
22 are actually done electronically, responses are
23 e-mailed out. The majority of public records
24 requests they get are done electronically.
25 I don't think it's in the deposition, but it's
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1 fair to say that if not the majority, a very
2 significant portion of the copies that are made on
3 this machine are done for just standard office
4 clerical staff and other work. This is not -- this
5 is an expense that the Town incurs necessarily to
6 do the Town's business. Its costs are fixed. It
7 is overhead. There's no dispute that this is
8 overhead.
9 And what we're referring to right now simply
10 is the $0.06. The $0.01 is a little different.
11 And I think we should tackle that, because there
12 is -- I cannot dispute that the $0.01 does not fit
13 neatly in the definition of overhead. The $0.01
14 meter charge is not something that the Town incurs
15 regardless of whether a copy is ever made or not,
16 because that $0.01 meter charge is only incurred if
17 a copy is made, so it's not overhead.
18 However, does that mean that it's proper under
19 the statute? Well, the statute says you can charge
20 actual costs of duplication. But the way that is
21 defined is actual cost of duplication means only
22 supplies and materials and excludes overhead. Is
23 the $0.01 meter charge a supply or a material?
24 That's the question with regard to the $0.01 meter
25 charge. I would posit the answer is no, Your
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Honor. And the reason for that is the $0.06
charge. And this is in the exhibits, I believe
it's in a memo that's written by Mr. Nazzaro to the
town clerk. I don't have the exact exhibit number
in front of me.
Mr. Nazzaro says, well, the $0.06, that
includes our rental to Xerox, and all ink and
maintenance and everything else regarded with
respect to ink or maintenance or supplies. The
only testimony we have from the Town on what the
$0.01 meter charge is is that's just what we pay to
Xerox for every page that we copy. we have to pay
it, so we pass the cost onto you. That may be so,
Your Honor. I have no dispute that the Town of
Gulf Stream is paying $0.01 for every copy that is
made, but unless that translates to a material or a
supply, it is an improper charge under the statute.
And if Ms. O'Connor wants to get up and say
the $0.01 meter charge, that's absolutely ink, and
Mr. DeSouza, you're wrong, look at this exhibit,
this tells you it's ink, then I would concede
perhaps that is a proper charge under the statute,
but if the Town's own people are saying that ink
and every other material is subsumed within that
$0.06 a month that they're trying to pass on, then
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25
1 you cannot say the $0.01 is ink or materials. It's
2 one or the other, Your Honor.
3 Now, the Town raises some other arguments in
4 its trial brief, which frankly, Your Honor, I think
5 are red herrings and distractions such as the
6 no -profit argument, and other arguments that are in
7 there, but what I'd like to do at this point would
8 be to reserve argument, let Ms. O'Connor make her
9 presentation, and if the Town decides to pursue
10 some of these issues that they raise, I'll respond
11 at that time.
12 THE COURT: Okay. I just had one question
13 that I want to know from you now.
14 MR. DESOUZA: Sure, of course.
15 THE COURT: What are you -- I mean, do you
16 have a position on whether there is a charge that
17 should be included for the cost of ink and
18 maintenance for the Xerox machine?
19 MR. DESOUZA: Your Honor, this would be a far
20 different story if this copier was just used for
21 public records requests, and they have these things
22 like self-service copiers where you show up, you
23 scan your card, and you pay for something like
24 that. Under normal circumstances, ink is certainly
25 a supply or a material, and if you have a way of
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saying that we spent this much in ink for making
you your copies, then I would agree that's not
overhead at that point. The problem that you have
here is that you're paying a fixed cost to Xerox.
$501.42 includes rent, maintenance, lease, ink,
various other items, but they're not distinguished
as to how it's broken down. The Town of Gulf
Stream says, hey, we need some more ink, send us
some more ink. Xerox mails it over. Hey, we need
some maintenance. Guy comes in, does the
There's no way to break down what the
actual ink cost is here because all they're paying
is a fixed operating expense.
If, in the alternative, Gulf Stream had said,
well, we bought these two ink ribbons for the
printer, it's only used for public records
requests, and there were 2,000 public records
requests made last year, and they came up with a
calculation in that respect for a printer that was
only used for public records, I think they have --
they're well within their right to include ink and
other material charges within that. But what
they're doing right now is trying to pass off
general Town overhead expense to anyone that makes
a public record request irrespective of whether
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27
1 it's overhead or not.
2 THE COURT: I think I understand what you're
3 saying, but just to be clear, though, does that
4 mean, then, that -- you're saying that the $501.42
5 is inclusive of the ink and the maintenance, but
6 there is no way to parse that out and to be able to
7 designate which is which, so your position is that
8 the Town should not be able to charge anything,
9 there should be no actual cost for those things,
10 those items?
11 MR. DESOUZA: My position is the $0.01 they
12 charge -- which frankly, is in line with what the
13 Town of West Palm Beach charges, $0.01 per copy --
14 they can charge the $0.01 for the paper. They have
15 no way of breaking out ink.
16 THE COURT: Okay.
17 MR. DESOUZA: So the 501.42, that's a fixed
18 operating cost, it is overhead, and by definition,
19 it is excluded under the statute. And the $0.01
20 meter charge, I think they have tremendous
21 difficulty convincing the Court that that's a
22 material or supply, because they take the position
23 that ink is part of the 501.42. As I said, if that
24 actually represents ink, then that's fine, it's a
25 $0.01 charge that's proper under the statute. The
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1 problem is, Gulf Stream says it doesn't.
2 THE COURT: Okay. Thank you.
3 MR. DESOUZA: Thank Your Honor.
4 MS. O'CONNOR: Good afternoon, Your Honor.
5 THE COURT: Good afternoon.
6 MS. O'CONNOR: If I may approach, I just have
7 copies of the statutes that are at issue.
8 THE COURT: Thank you.
9 MS. O'CONNOR: Helpful starting point.
10 Your Honor, respectfully to Mr. DeSouza, we'd
11 submit that this case is demonstrative of the
12 frivolous and baseless claims that are burdening
13 the residents of the tiny Town of Gulf Stream, a
14 town that, as Ms. Taylor testified, has just four
15 full-time employees working at Town Hall. And it's
16 reflective of essentially a war that Mr. O'Boyle
17 and his compatriot, Mr. O'Hare, have opted to wage
18 on their hometown, and it's resulted in some forty
19 lawsuits that are burdening this court and this
20 circuit as well.
21 Ms. Taylor testified that with Mr. O'Hare, Mr.
22 O'Boyle has barraged the Town of Gulf Stream with,
23 as of the time she testified, which I believe was
24 in September, some 1500 public records request in
25 the past year. It's close to 1800 now.
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If you look at Joint Exhibit 22 in our joint
exhibit notebook, you don't need to open it all the
way up now, but you'll see there is a log that
we've provided the Court with no opposition from
the other side, and that reflects all the public
records requests that have been received through
the end of September. And you can see that Mr.
O'Boyle has made individually, or through his
affiliated entities -- and you can tell this
because all the requests are coming from the same
e-mail address: Records@commerce-group.com --
hundreds of public records requests. As Ms. Taylor
testified, he comes in to Town Hall almost every
week, and almost every time he comes in, he makes a
public record request.
There is actually four public records requests
at issue here. Plaintiff tries to minimize them,
but I think it's important, and I sort of included
them in my trial brief because I think it's
important for the Court to see the nature of the
types of public records requests, they're extremely
broad. And in fact, the four public records
requests at issue, the Town determined would result
in having to produce 4,573 pages of records. Just
on Count II, the public records request at issue in
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1 Count II, the cost to copy those records was just a
2 $1.05, yet Mr. O'Boyle, we'd submit, has a sense of
3 entitlement, he doesn't think he should have to pay
4 for these records. Even for some 2,000 records
5 that were at issue in Count I of the complaint, the
6 cost of duplication was $161.60.
7 The Town is not obligated to provide 4,000 --
8 almost 5,000 pages of copies to him for free, and
9 we've cited the Deas v. State case from the Fourth
10 DCA case in 2008. And what this case, again, comes
11 down to is that just real patent sort of
12 distinction, whether Mr. O'Boyle should only have
13 to pay a penny for a blank sheet of paper, and not
14 the cost to turn this paper, and to actually
15 duplicate a public record onto that blank piece of
16 paper. We submit that you do have to include those
17 costs that are incurred by the Town to actually
18 duplicate the public record onto that blank piece
19 of paper.
20 And I think it's helpful to start with the
21 statute that I've handed up to Your Honor, and
22 particularly with Chapter 119.07(4), and that's the
23 yellow tab on the second page of the four-page
24 printout that I've handed Your Honor. And to look
25 at what is the Public Records Act authorized to get
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a sense of what was the legislature thinking when
it talks about actual costs of duplication, when
did those come into play, and what might be the
understanding, the reasonable and clear
understanding of the statute.
So you can see that, as Mr. DeSouza said in
119.07(4), that if we hadn't charged a special
service fee in this instance, the legislature
essentially presumes that any cost up to $0.15 per
one-sided copy, for copies that don't exceed a size
of 8 1/2 x 14, is authorized. And then the Town,
for double -sided copies, could actually have gotten
up to five additional cents, or up to $0.20 per
double -sided copy. Here, what we're talking about
is $0.08 for either single- or double -sided 8 1/2 x
11, or $0.09 for 8 1/2 x 14, and that's because
it's $0.02 for 8 1/2 x 14 piece of paper.
Well, let's look at when actual costs of
duplication come into play, because I think
plaintiff somewhat misleadingly directed the Court
to when a special service fee is authorized, actual
costs of duplication come into play, and that's on
the next page, page 3 out of 4 of your statutory
printout, where you see -- and I submit, it's --
this language isn't all that clear, but the way the
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Town has understood it, you can see the statute
talks about if the nature of these records that are
requested, it requires extensive use of information
technology resources, or extensive clerical or
supervisory assistance by personnel, the agency may
charge, in addition to the actual cost of
duplication, a special service charge.
So that is the circumstance we're in here.
However, because, respectfully, any decision Your
Honor makes as to actual costs of duplication,
you're going to have far reaching consequences, not
just for the Town of Gulf Stream, but for other
municipalities in this circuit and elsewhere.
There is no law on this issue.
I direct you back to page 2 out of 4, again,
in section 119.07(4) where the legislature's
saying, okay, you can have up to $0.15 per
one-sided copy for 8 1/2 x 14, you can have
additional $0.05 if it's double -sided, and then the
legislature goes on to say for all other copies,
the actual cost of duplication of the public
record. And we'd respectfully submit that what the
legislature is noting there is that there may be
unusually -sized copies, whether they're public
records that are in connection with zoning
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1 applications and that sort of thing where the
2 actual costs of duplication may very well exceed
3 the 15 and the 20 cents per copy.
4 Next, we can go on and look at how actual
5 costs of duplication are defined, and that's in the
6 second statutory printout that I've handed Your
7 Honor, and that's in Chapter 119.011. And I think
8 before we get to talking about overhead, it's
9 important to talk about what is included in actual
10 costs of duplication.
11 And so looking just at the definition, "actual
12 costs of duplication" means the cost of the
13 material and supplies used to duplicate the public
14 record, used to turn a blank piece of paper into a
15 duplicate of a public record, but it does not
16 include labor costs or overhead costs associated
17 with such duplication. We recognize that. I
18 submit that Ms. Taylor's understanding of what this
19 means, she said, "My understanding is it's what it
20 actually takes to make a copy. It's the paper, the
21 ink, the toner, and the costs of running the copy
22 machine."
23
We've submitted
to you
-- yes, we've submitted
24
to you a statute from
Ohio,
a case from Ohio, a
25
case from California,
we've
submitted to you the
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O'BOYLE vs. TOWN OF GULF STREAM 34
1 Urban Lawyer article from 1997. And respectfully,
2 Judge, because the only cases that talk about
3 what's included or excluded from actual costs of
4 duplication, and if you look at the John Bender
5 article, you'll see it.
6 And actually, if you look at Florida Attorney
7 General Opinion 92-38, you'll see that what they
8 cite as being excluded from actual costs of
9 duplication are incidental costs such as utility
10 expenses, and the Florida Attorney General goes on
11 to cite two other attorney general opinions that
12 talk about search and retrieval fees, meaning, you
13 can't -- and Bender talks about this -- you can't
14 include within your actual costs of duplication any
15 charge for the person who has to stand there and
16 run 5,000 copies through the machine; you can't
17 charge for the utilities, the air conditioning, the
18 lighting for the room; you can't charge for some
19 pro rata share of what it costs you to rent your
20 office space just because the copier may be located
21 in a room that's one-quarter of your square footage
22 of your office space.
23 1 And we'd submit that the few authorities out
24
there
don't
even skip a beat
in finding
that the
25
costs
to run
a copy machine
is included
in actual
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1 costs of duplication. John Bender with Urban
2 Lawyer talks about reproduction costs being just
3 one of many factors affecting copying fees, and
4 goes on to say that those reproduction costs
5 include copier costs, paper and supplies.
6 Mr. DeSouza highlighted the California Court
7 of Appeals case, the North County Parents
8 Organization case because he said, well, Judge,
9 that talks about direct costs of duplication. That
10 wording's a little different than actual cost of
11 duplication. we actually agree, and Mr. Bender
12 points that out.
13 Actually, California statute has evolved over
14 time. First, it used language "reasonable costs,"
15 then it shifted to "actual costs," and then now
16 and then it turned to "direct costs of
17 duplication," and Bender talks about how that was a
18 restriction on what those costs of duplication, so
19 actually, going from actual to direct costs in that
20 statutory language restricted what municipalities
21 in California could charge. And even then, with
22 direct costs of duplication addressing that more
23 restrictive statutory language, the California
24 Court of Appeals said the cost of running the
25 copying machine is one of those direct costs of
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duplication, and they also said perhaps also the
expense of the person operating it, but not the
ancillary tasks associated with retrieving the
file.
Let's talk about the material and the supplies
that the Town actually uses, again, to duplicate a
public record onto a blank piece of paper. As Ms.
Taylor said, it's the ink, the paper, and the
machine to do it with. It's undisputed that these
are the materials and supplies we use to make a
1=60'A
The $501.42 monthly fee, there is no dispute
that it averages out, that the Town did a detailed
analysis based on its prior year of copies in 2003,
determined that we had done 8,088 copies per month,
and that averages to $0.06 per month. Included in
the $501.42, if you'll look at Joint Exhibit 12,
which is the Xerox lease, is maintenance. They
suggest in their brief that somehow we don't pay
for maintenance. It's clearly included.
Also included in this fee are consumable
supplies, and if you look in the Xerox lease,
that's a specifically defined term, "consumable
supplies." It includes blank toner and/or solid
ink and toner.
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The next charge -- and I'll come back to these
when we talk about overhead, but the next charge,
again, is the fixed meter print charge of one penny
for every black and white copy. I'm not going to
stand here and tell you that that's for ink or not.
What we do know is that, again, it's for every
piece of paper that goes through the copy machine.
And for plaintiff to suggest that that's somehow
not a material or supply? That's a cost of the
material, the material is the machine, the cost of
the material and supplies that's used to make a
copy. It couldn't be clearer that the cost of --
Xerox is charging us every time we run Mr.
O'Boyle's 5,000 pages through our machine. That's
clearly a cost of the copier, which is a material.
To find otherwise, we'd submit, would just frankly
lead to absurd results.
And in fact, if you look at Exhibit 23, which
is our response to request for admissions they
served on us, they asked us -- they asked us to
admit that the cost incurred by the Town to
duplicate a one-sided document is .0099 for a black
and white copy. So they asked us to admit that we
did, that's the evidence before this court, that
the one penny fixed meter print charge is the cost
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38
1 that we incur to duplicate a one-sided document
2 that's black and white. It's one of the three main
3 costs.
4 There is no dispute about the third cost, and
5 that is for the paper. Again, $0.01 for 8 1/2 x
6 11, $0.02 for 8 1/2 x 14. And it's Exhibit 21, the
7 Nazzaro memo, that outlines the detailed analysis
8 really, that the Town did. The evidence before the
9 Court is that once we were under the gun with this
10 barrage of public records requests, they really
11 did, with the limited resources they have, a
12 comprehensive analysis to come to a very fair and
13 pro rata share of what the actual costs are to
14 duplicate a record.
15 So now let's look at what's excluded from the
16 actual costs of duplication, and that's labor
17 expenses and overhead costs. we don't charge labor
18 expenses for the employee who has to stand there
19 and make Mr. O'Boyle's 5,000 copies, we don't
20 charge the utility expenses, again, for the
21 electricity and the air condition to the copier
22 room, we don't charge pro rata share of office
23 rental, or the depreciation expense of our
24 building. And respectfully -- well, talk about
25 that in a minute.
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O'BOYLE vs. TOWN OF GULF STREAM 39
1 Again, there isn't a lot of case law on this,
2 and I think Florida Attorney General Opinion 92-38
3 is instructive when it talks about incidental costs
4 being excluded from actual costs of duplication,
5 which can't be added. And again, cited two other
6 attorney general opinions that talked about search
7 and retrieval fees being those types of incidental
8 1 costs.
9 The definitions of overhead are instructive,
10 and they're consistent with the Florida Attorney
11 General's opinion talking about incidental costs,
12 because what is the opposite of an incidental cost?
13 The opposite of an incidental cost is a direct and
14 allocable cost, and when you look at Black's Law
15 dictionary, and they define "overhead," and they
16 say "business expenses that cannot be allocated to
17 a particular product or expense," and
18 Merriam -Webster says the same thing, "business
19 expenses not chargeable to a particular part of the
20 work or product."
21 The issue here isn't cost incurred regardless
22 of whether we make copies for them, it's those
23 incidental or ancillary costs incurred regardless
24 of whether we make any copies, and we wouldn't have
25 a copier if we didn't have to make copies. I'd
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submit that the overhead expenses that are being
discussed, particularly in the light of this
statute which is saying, yes, Town, you may include
your actual costs to duplicate a public record,
those overhead costs are excluded are clearly those
that are not directly allocated to the work or
service that's being done, i.e., to make copies.
And Mr. -- in the plaintiff's brief, they go
off, and Mr. DeSouza doesn't focus on it, so I'll
just give it a quick attention. But they talk
about the potential, that there may be potential
for the Town to profit. We've addressed this, and
again, the very few cases across the country that
have looked at the issue, from the New Jersey
Appellate Court in 2010, the Smith case, talked
about municipalities are required to
contemporaneously and continually recalculate their
copy costs, and to establish a new copying rate
every time a citizen makes copies of a government
record, because such an obligation would be
unwieldy and absurd. So should Mr. O'Boyle come in
and make 10,000 copies in a given month, when
last -- in 2013 we were only getting 8,000 copies
per month, he'll benefit. Hopefully, he won't
continue to be making public records next year, but
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O'BOYLE vs. TOWN OF GULF STREAM
February 03, 2015
41
1 he will see the benefit because he will get a lower
2 pro rata share of his copy costs next year.
3 Just finally, Your Honor, in our brief we talk
4 about the Florida Supreme Court has long held that
5 a court should not interpret a statute in a manner
6 resulting in unreasonable, harsh, or absurd
7 consequences. That's the Diamond Aircraft
8 Industries case, Florida Supreme Court, 2013, 107
9 So.3d 362. The Town respectfully submits that
10 should the Court interpret these two statutory
11 provisions here to limit actual costs of
12 duplication to the costs of just a blank sheet of
13 paper would do just that, it would omit any
14 component for the most significant costs incurred
15 in making a copy, not of the actual machine to make
16 the copy, the ink and toner, and the charges that
17 increase every time an additional copy is made.
18 And so we respectfully submit that the Town
19 has clearly sustained its burden to establish the
20 actual cost of duplication, and to limit the Town
21 and other public and private agencies -- and again,
22 we've got 1800 public records requests out there,
23 40 lawsuits, but to limit not just the Town, but
24 private government contractors that are subject to
25 the Public Records Act, non-profit agencies around
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1 the state that are subject to the Public Records
2 Act, to only the cost of paper used to make the
3 copies would result in an unreasonable, harsh, and
4 absurd interpretation, and we submit is otherwise
5 plain statutory language.
6 THE COURT: Just a couple questions.
7 MS. O'CONNOR: Yes.
8 THE COURT: What is your position on the
9 Town's usage of the copy machine, how does that
10 play into the calculation --
11 MS. O'CONNOR: Sure. Well, I think it plays
12 into the calculation because it benefits those who
13 are making public records requests. The more the
14 Town uses the copy machine, so in 2013 we had 8,088
15 copies per month, that benefits everybody. We're
16 all paying our pro rata share of what it costs to
17 make a copy, so the more the Town actually uses it
18 is going to benefit everybody.
19 THE COURT: So that went into the calculations
20 for the 2013 copies?
21 MS. O'CONNOR: Correct.
22 THE COURT: It's not just the public records
23 requests number of copies --
24 MS. O'CONNOR: Correct.
25 THE COURT: -- it's all the copies that that
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43
Xerox machine makes?
MS. O'CONNOR: Correct.
THE COURT: Okay.
MS. O'CONNOR: And I submit -- I mean,
frankly, it's also absurd to expect that a town,
especially a tiny town like Gulf Stream which has
less than a thousand residents, would have to go
out and purchase a copy machine just to deal with
Mr. O'Boyle and Mr. O'Hare's public records
request, and I'd submit that municipalities across
the state I'm sure are -- you know, they're subject
to government budgetary constraints, they're using
one copy, and they're already absorbing a number of
expenses associated with this because it is a
significant expense to just have someone making
5,000.
THE COURT: What about for the overhead costs,
how do you address the issue of the fixed rate for
the Xerox machine? You were talking about the
costs of overhead such as the electricity or, you
know, to cool the room that you're keeping the
Xerox in, and that's overhead, but what about the
fact that there is a fixed monthly amount, and how
is that not overhead, for the Xerox machine?
MS. O'CONNOR: Sure. Because I'd submit that
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44
1 it's a -- the material and supplies that are
2 actually used to duplicate the public record, and
3 what's excluded are overhead costs. That's not an
4 overhead cost. I mean, my position is that a fixed
5 cost that's directly allocated to the service
6 you're performing, which in the case of this
7 statute is duplicating a public record, it's
8 clearly -- you can directly allocate it, it's not
9 an issue of can we apportion some portion of our
10 monthly rent to making a copy? Well, no, you
11 can't. And the statute and the definitions of
12 overhead talk about that, and so does the Florida
13 Attorney General. Those are the incidental or
14 ancillary costs. You can't directly tie to the
15 particular work or service, but here we can. It's
16 clearly the material used to duplicate the public
17 record is the cost to run a copy machine. That's
18 what Bender talks about. That's what the
19 California Court of Appeals just kind of moves on
20 past, doesn't even really -- it's never been
21 challenged anywhere around the country that I
22 found. Plaintiff hasn't cited a single case in
23 that regard either.
24 So that would be our position. Our position
25 is that it's -- they try to say that, well, you
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45
1
might be
making
copies for other people. Our
2
position
is the
overhead costs here refer to costs
3
that you
would incur
regardless whether you had to
4
make any
copies.
If you didn't have a copy machine
5 1 what are the costs that you would be incurring,
6 so --
7 THE COURT: Well, I think what they're saying
8 is that, you know, exactly, if you didn't make any
9 copies for public requests, you'd still be stuck
10 with that monthly amount, that 501.42, so I guess
11 that's what I want to know is your position, how do
12 you address that, passing along that charge to the
13 public if that's not even necessarily something
14 that would exist for the public? Do you see what
15 I'm saying?
16 MS. O'CONNOR: Yeah. I mean, I think it's a
17 hypothetical scenario that the Court really can't
18 -- I mean, would we have a copier if we didn't need
19 to make copies? We wouldn't incur that cost
20 because we wouldn't have a copier. We wouldn't
21 have a five-year lease agreement for a copier if we
22 didn't know that we needed to make these types of
23 copies, so, you know, I can't -- I think it's a
24 hypothetical scenario that we would just pay for
25 copier that sits in a room unused.
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1 THE COURT: Okay. So that's what it is, is
2 basically that whether there are a thousand public
3 records requests or zero, that's still the cost to
4 operate the machine, that's -- you know, and that's
5 what it's there for is for the public records
6 requests.
7 MS. O'CONNOR: Correct. I mean, we are
8 subject to the Public Records Act, and so if Mr.
9 O'Boyle asks us for public records, we need to be
10 able to produce them and provide them. And the
11 only other thing I would say is, again, if you look
12 at the Xerox lease agreement, it clearly does
13 include the ink and toner. And Mr. DeSouza, you
14 asked him, I mean, can we have any portion of that
15 $0.06, and even if the ink and toner's part of
16 that, it's part and parcel, and you can't really --
17 we can't say if it's $0.04 out of the $0.06 or not,
18 and I think it would be unreasonable and harsh to
19 say we can't have the $0.06 because we're not sure
20 which portion of it is for the ink and the
21 maintenance to keep this copier going so we can
22 make these copies.
23 THE COURT: Okay. One other question.
24 Mr. DeSouza mentioned that, I think it was the City
25 of West Palm Beach, is that -- did I remember it
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47
1 correctly, that charges a penny for each copy? Do
2 you know anything about that?
3 MS. O'CONNOR: I don't know anything about
4 that. I do know if you look at the Bender article,
5 I think he talks about -- and I can find the page
6 when I sit down, but he talks about, I think, $0.07
7 per copy being kind of either an average or what
8 he's found in terms of looking around the country
9 at various -- but I would also say, and I don't
10 think Your Honor can quite take judicial notice of
11 this, but just yesterday I looked on my client
12 Office Depot's website, and noticed -- because I
13 think you can use your sort of common sense in
14 reaching these types of decisions, but it was
15 something like $0.10 per copy, and even if you made
16 a thousand copies, it only dropped down to $0.09
17 per copy. So again, my issue here is the
18 suggestion that all they need to do is pay for a
19 blank piece of paper, because that's not what it
20 actually costs to duplicate a public record.
21 THE COURT: Okay. Thank you.
22 MR. DESOUZA: Your Honor, quickly going back
23 to the last line of questions that you were asking
24 Ms. O'Connor. And you asked the question, even if
25 they don't make public records requests, you know,
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1 how would this copier be affected? Well, Ms.
2 Taylor at her deposition was asked that exact same
3 question: "Would you have this copier regardless
4 of whether any public records requests are made or
5 not?"
6 And her response was, "Of course. We're a
7 town. We need a copy machine. People make copies
8 on a daily basis." That's her testimony, and of
9 course it makes sense.
10 The issue is not, well, if you take Mr.
11 O'Boyle and Mr. O'Hare and everyone else away
12 that's making public records requests. That's not
13 the issue. The issue is do you have this expense
14 that you're paying regardless every month? There
15 is no dispute that is what the definitions of
16 overhead say time and time and time again. Every
17 case that has addressed overhead has said equipment
18 leases -- in fact, I cited one, Xerox rental
19 leases, that's overhead.
20 It's fine and dandy to cite to Ohio cases and
21 California cases. The problem with doing that is
22 we have a very particular statute. Our statute
23 does not mince words. It says actual cost of
24 duplication does not include overhead. I'm not
25 going to stand here and say the Town of Gulf
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Stream's calculation of $0.06 when they divide by
the average number of pages they printed last year
is not fair. I'm not going to say it's not fair.
That's not the standard we're here for. The
standard is not whether it makes sense, whether
it's fair, whether the Town of Gulf Stream actually
incurs those costs; the standard is, is it an
actual cost of duplication, and all you get there
is, is it a material and supply? Is it overhead?
If it's overhead, it is excluded. Fair or not, it
is excluded.
Now, Ms. O'Connor got up and started off by
saying Mr. O'Boyle is a bad guy, he makes a lot of
public records requests, he's waging war against
the Town, we have a tiny town, we can't handle this
onslaught by him. Your Honor, as we cited in the
brief, whether Mr. O'Boyle is Adolf Hitler himself,
the motivation of the requestor, whether the person
is good or bad, does not affect the issue that
we're here for today. It's conceded in the trial
brief of Ms. O'Connor, it's in the pretrial
stipulation, the only issue that we're here for
today -- we all agree public records requests were
made, we all agree they have the documents. The
only issue is are they charging the right amount of
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1 money for them or not, and Ms. O'Connor says, well,
2 we're really talking about small amounts of money
3 here, $100, $150, what's the big deal? Your Honor,
4 these types of cases don't involve a lot of money.
5 I don't know if you're familiar, but when I
6 was at my prior firm at Becker & Poliakoff a few
7 years ago, what was national news at the time, and
8 DBR(phonetic), and Above the Law, was the Bill Di
9 Scipio v. Southwest Ranches $1.25 public records
10 case. The case got national media attention
11 because this guy, William Di Scipio, decided to sue
12 the Town of Southwest Ranches because they
13 overcharged him 1.25. These cases don't involve
14 millions of dollars. It's not sexy, we don't have
15 hundreds of millions on the line. These cases come
16 down to the small amounts and what is proper or
17 what is not proper under the statute.
18 Now, Ms. O'Connor brought up the profit issue,
19 and this is addressed in our brief where we say if
20 you charge -- if you ran 10,000 copies during the
21 month, the Town would actually -- if you had 10,000
22 copies for public records requests, and the Town
23 charged $0.08 per page, you can make it a profit,
24 because at the end of the day, forget about how it
25 would be adjusted the next year, the Town would be
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1 bringing in more money than its monthly lease on
2 that 501.42.
3 Ms. O'Connor, in her trial brief, actually
4 cites a couple of cases from New Jersey, and she
5 told Your Honor about them. One of the cases she
6 cites, and I posit, didn't pay attention to it all
7 that closely, is the Livecchia case, and this is on
8 I want to say page 14 of Gulf Stream's trial brief.
9 This Livecchia v. Borough of Mount Arlington, it's
10 a New Jersey case, it was dealing with a similar
11 statute to what we have in Florida. And the issue
12
there, Your
Honor,
was the
charging
per
audio
tape,
13
I believe was a $5
charge
per audio
tape
that
the
14 defendant wanted to charge, and the way the
15 defendant got there was by taking the cost of the
16 machine, I believe it was something like $130, and
17 doing a similar calculation from what Gulf Stream
18 has done here. well, we're going to divide it out,
19 and we find that the cost actually per the number
20 of audio tapes we make, we can charge $5 for it.
21 And what the New Jersey court in Livecchia, which
22 Ms. O'Connor cites, states is, "If one annualizes
23 these figures, the full price of the audio machine
24 would be recovered in less than eighteen months.
25 Therefore, those requesting audio tapes shortly
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O'BOYLE vs. TOWN OF GULF STREAM 52
1 following the machine's acquisition would be
2 bearing the brunt of the expense, and beginning in
3 month sixteen, requestors would be paying for
4 non-existent equipment costs, rendering a windfall
5 to the municipality. The Borough's formula
6 inequitably burdens requestors by continuing to
7 charge for equipment years after the equipment cost
8 was fully recouped."
9 Now, we're not dealing with a machine that was
10 bought here, we're dealing with a lease, which
11 means every single month, as opposed to an annual
12 basis, we could be dealing with the same type of
13 profit issue. Is it a hypothetical? Sure. But if
14 they make 10,000 copies, you're talking about
15 putting money back in Gulf Stream's pocket that's
16 clearly not paying for any sort of actual cost.
17 And again, we have to be very careful with our
18 words because there is no dispute that Gulf Stream
19 actually incurs these costs. I have no qualms with
20 Ms. O'Connor getting up and saying "we incurred
21 these costs," I have no qualms of Ms. O'Connor
22 getting up and saying "we believe these costs are
23 fair." The problem is the statute defines these
24 terms very particularly. It's a definition you
25 don't find in the Ohio case, it's a definition you
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don't find in the California case, and as
Ms. O'Connor conceded, in California they let you
have the labor of the person standing there making
the copies. That's excluded. We have a different
statute. Our statute excludes overhead.
Now, on the meter charge, I thought what's
interesting was Ms. O'Connor got up and said, "I
can't stand here and tell you that the meter charge
is for ink." Well, someone has to tell Your Honor
what the meter charge is for. The meter charge,
the best we have so far is from Ms. Taylor who
says -- and that's the town clerk, who says,
"That's just the cost we pay for every copy that we
make." I understand that, Your Honor, it's fair
you pay a cent, that's what's in your lease;
however, the only thing you're allowed to recover
under the statute is for materials and supplies.
And if someone from Gulf Stream can't get up and
tell you, or provide one of the giant book of
exhibits we have that that meter charge is actually
for a material or supply, the statute says it has
to be excluded.
THE COURT: Can you tell me how that $0.01
meter charge is not an actual cost?
MR. DESOUZA: It is certainly actual cost.
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The problem is we're dealing with defined terms,
Your Honor. I have no dispute that the Town of
Gulf Stream pays a penny for every copy they make,
there is no question about that. The problem is
actual cost versus cost incurred is a different
beast. The definition in the statute of actual
cost of duplication states it is materials and
supplies, and excludes overhead. That's all that's
included, materials and supplies.
THE COURT: Well, what else could it be? What
else could that penny be for?
MR. DESOUZA: Well, that's the problem, Your
Honor. We had the Town of Gulf Stream saying the
$0.06, the $0.06 pro rata, that includes all the
ink, all the maintenance. It's in, I believe,
Exhibit 21, the memo from Mr. Nazzaro to Ms.
Taylor. Ms. Taylor in her deposition says, "I
don't know what it's for. It's just the cost that
we pay." So the ink -- and that's why I said
earlier, Your Honor, if the $0.01 is actually ink,
it's a material, it's a supply, it's properly
included. The problem is no one can get up here
and say it's actually ink, because all they're
saying is ink is somewhere else. You can't have
ink in two different line items, you can't say all
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the ink is in the $0.06, but ink is also in the
$0.01.
THE COURT: I understand your point, but I
want to know how you address Ms. O'Connor's point
about how you're essentially saying that the Town
should only be able to charge for the cost that
they pay for a blank piece of paper, when clearly
they're doing more than just handing out blank
pieces of paper to the public, so we know that
there has to be some other expense there for ink,
you know, for the other things to make that --
MR. DESOUZA: Of course.
THE COURT: -- duplicate there, so that's what
I'm interested in knowing. Is that your position
is that they're not allowed to charge at all for it
because it's not specifically enumerated in the
Xerox lease agreement?
MR. DESOUZA: Your Honor, the burden is on the
Town of Gulf Stream to come forward and say this is
the charge that we incur for ink, material,
supplies. Once we determine what is a material or
supply, it is the burden of Gulf Stream to say
$0.01, $0.02, $0.03, that is specifically the ink,
the supplies that we use. What Gulf Stream cannot
do is say, well, we pay a lease rate, we pay
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56
1 1 maintenance, and included in that somewhere is ink
2 and other source of supplies, but we'll just go
3 ahead and fairly charge to everyone based on a
4 lease rate that we pay and a maintenance rate that
5 we pay.
6 If Ms. O'Connor can get up, or if someone from
7 Gulf Stream can say we figured out what the ink
8 portion is that we pay, and we've prorated that,
9 and that's what -- this is the ink cost, then
10 they'd have a completely different argument than we
11 have today. The argument that we have today is
12 forget about ink, we pay one fixed cost, which by
13 every definition is overhead, and included in that
14 may be ink, it may not be because no one has gotten
15 up and said -- actually said sworn testimony or
16 provided anything from Xerox or anything in the
17 lease that says it actually does include ink.
18 But if they could do that, if they could say
19 this is the portion that deals with ink, we're
20 excluding maintenance because that's not a supply
21
or material,
we're excluding the lease
rate because
22
that's
not a
supply or material, that's
overhead.
23
This is
the
ink portion and that's what
we want to
24
charge,
they
would have a completely different
25
story.
The
story that they have right
now is we
ESQUIRE 800.211.DEPO (33 76)
<, EsquireSotutions.com
HEARING
O'BOYLE vs. TOWN OF GULF STREAM
February 03, 2015
57
1 pay a fixed operating cost, and we want to pass
2 that on to the people that make public records
3 requests, that is overhead.
4 And Ms. Taylor -- I think Ms. O'Connor got up
5 and said, well, you know, Ms. Taylor was asked
6 during her deposition what is overhead. As I
7 suggested before, I don't think Ms. Taylor's
8 definition is the be all and end all of what
9 actually constitutes overhead. But what she said
10 was, well, it's what it actually takes us to make
11 the copy. That's what our actual cost is. Well,
12 under that definition, Your Honor, the electricity
13 is needed to make the copy, clearly. You got to be
14 running the building to make a copy. You need a
15 building to make a copy. You can't just have a
16 copier out there in the middle of the street.
17 Those are all overhead items. And the notion that
18 you can say, well, because this one's particular to
19 the paper, this moves it from overhead to something
20 else, it just doesn't play out.
21 And I think what Ms. O'Connor said towards
22 closing was, well, we wouldn't have -- why would we
23 have a copier if we don't make copies? That
24 doesn't make any sense. Why would we have a copier
25 if we don't make copies? Well, you can use that
ESQUIRE
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EsquireSolutions. com
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HEARING
O'BOYLE vs. TOWN OF GULF STREAM
February 03, 2015
58
for any overhead item, Your Honor, and it's still
overhead. Why do we have a telephone if we don't
make telephone calls? Why do we have a fax machine
if we don't make faxes? Why do we pay electricity
if there is no one in the building? Those are all
still overhead. Just because you say, well, why
would we doesn't make something not overhead. The
definition is costs you're going to incur
regardless.
And as I said when I started, I invite
Ms. O'Connor to respond to any of the cases that I
provided that provide what overhead actually is. I
invite Your Honor to read those cases and see, they
say exactly what I quoted them for. Overhead is
fixed operating expenses such as $501.42 every
month, and overhead is as quoted ad nauseam, and at
least eight to ten cases that I provided for the
Court, equipment rental, equipment rental,
equipment leases, Xerox leases. You can't pass
those costs off as not overhead no matter how fancy
the calculation. If they started out as overhead,
they're still overhead, and the statute excludes
them.
THE COURT: Okay.
MS. O'CONNOR: Your Honor, we would like the
��ESQUIRE
800.211.DEPO (3376)
Esquire Solutions. com
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HEARING
O'BOYLE vs. TOWN OF GULF STREAM
February 03, 2015
59
opportunity to respond to those cases. I can do
so, I believe --
THE COURT: Absolutely.
MS. O'CONNOR: Thank you.
THE COURT: Yeah, Ms. O'Connor, I think a week
should be plenty of time; do you agree?
MS. O'CONNOR: That's fine. Yes, absolutely.
THE COURT: And would you be able to,
Mr. DeSouza, provide copies of the cases to --
MS. O'CONNOR: He did.
THE COURT: Oh, you have them? Okay.
Wonderful. So you can do that.
MR. DESOUZA: In fact, I'll go one further,
Your Honor. I have a sheet that has the specific
quotes that I read into the record, I'll e-mail
over to Ms. O'Connor so she doesn't have to search
through 300 pages to find the quotes.
THE COURT: I'm sure she would appreciate
that. And yeah, if you want to get me the -- once
you have exchanged the cases, and if you have --
Ms. O'Connor, if you have other cases for the Court
to consider, if you could forward those, and
obviously copy Mr. DeSouza --
MS. O'CONNOR: Absolutely.
THE COURT: -- and let me know, because I will
C)ESQUIRE
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EsquireSolutions. com
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HEARING
O'BOYLE vs. TOWN OF GULF STREAM
February 03, 2015
60
take this under advisement, but I'd like to get you
an answer soon.
MS. O'CONNOR: Great.
THE COURT: I know that you're waiting. And
just want to thank counsel, I think you both did a
great job presenting the issues and explaining
everything. I think I do have a good understanding
now of everything involved, and I want to review
everything again and make sure I do the best job in
getting you an answer, so --
MS. O'CONNOR: Great.
MR. DESOUZA: Thank you, Your Honor.
MS. O'CONNOR: Thank you.
THE COURT: You're welcome.
(The hearing was concluded.)
C)ESQUIRE
800.211.DEPO (3376)
EsquireSolutions. com
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HEARING
O'BOYLE vs. TOWN OF GULF STREAM
C E R T I F I C A T E
STATE OF FLORIDA
COUNTY OF PALM BEACH
February 03, 2015
61
I, D. Renee Watson, Stenographic Reporter,
State of Florida at large, certify that I was authorized
to and did stenographically report the foregoing
proceedings, and that the transcript is a true and
complete record of my stenographic notes.
Dated this 21st day of May, 2015.
D. Renee Watson,
Stenographic Reporter
ESQUIRE
800.211.DEPO (3376)
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HEARING
O'BOYLE vs. TOWN OF GULF STREAM
$0.01
8:25 9:1,
7,11
23:10,12,
13,16,23,
24 24:11,
15,19
25:1
27:11,13,
14,19,25
38:5
53:23
54:20
55:2,23
$0.02
31:17
38:6
55:23
$0.03
22:8
55:23
$0.04
46:17
$0.05
32:19
$0.06
9:1,10
12:16
21:25
23:10
24:1,6,25
36:16
46:15,17,
19 4 9: 1
54:14
55:1
$0.07
4 7: 6
$0.08
10:18.22
11:21
31:15
5 0: 23
$0.09
31:16
47:16
$0.10
47:15
$0.15
10:16,22
11:2,7,11
31:9
32:17
$0.20
3 1: 13
$1.05
30:2
$1.25
50:9
$100
5 0: 3
$130
51:16
$150
50:3
$161.60
3 0: 6
$26.25
21:6
$315
21:5
$43.47
21:8
$5
51:13,20
$501.42
12:9,13
17:4,8,11
19:20
21:22
26:5 27:4
36:12,17
58:15
$945
21:2
O1
0099
37:22
1
1
20:19
1.25
50:13
1/2
11:2
31:11,15,
16,17
32:18
38:5,6
10
11:12
13:15
10,000
40:22
50:20,21
52:14
107
41:8
11
11:2
14:20
15:16
31:16
38:6
119
8:22 9:12
119.011
33:7
119.07(4)
3 0: 22
31:7
32:16
119.07(4)(
a)
11:1
12
11:12
36:17
14
11:3
31:11,16,
17 32:18
38:6 51:8
15
11:12
33:3
1500
28:24
1800
28:25
41:22
1973
20:10
1992
20:22
1997
34:1
1999
18:1
2
February 03, 2015
Index: $0.01.362
30:4
20
33:3
2002
19:25
2003
36:14
2008
30:10
2010
19:16
40:15
2011
2 0: 16
2013
9:5,7
12:15
40:23
41:8
42:14,20
21
38:6
54:16
22
29:1
23
37:18
3
3
2 0: 15
31:23
300
59:17
36
2 16:11,12,
32:15 14
2,000 362
26:17 41:9
CO ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
HEARING
O'BOYLE vs. TOWN OF GULF STREAM
37 6- absurd
18:16 11:23 37:17
6 -cent 40:21
4 10:6
41:6 42:4
43:5
4accounting
7 18:2
20:9
3 1: 23
32:15
4,000
30:7
4,573
29:24
40
41:23
5
5
20:5
5,000
30:8
34:16
3 7: 14
38:19
43:16
50
10:18,19
500
22:7
501.42
12:14
15:11
27:17,23
45:10
5 1: 2
7
17:24
18:7
7 -cent
10:5
11:23
8
8
11:2
19:22
31:11,15,
16,17
32:18
38:5,6
8,000
40:23
8,088
36:15
42:14
9
92-38
34:7 39:2
A
absolutely
6 24:19
59:3,7,24
6 absorbing
19:13 43:13
acquisition
52:1
Act
16:18
30:25
41:25
42:2 46:8
actual
9:14,16
11:7,8,
19,21,24
13:4,9
14:8
16:18
19:1,6
23:20,21
26:12
27:9
31:2,18,
21 32:6,
10,21
33:2,4,9,
11 34:3,
6,14,25
35:10,15,
19 38:13,
16 39:4
40:4
41:11,15,
20 48:23
49:8
52:16
53:24,25
54:5,6
57:11
ad
58:16
February 03, 2015
Index: 37 -allocable
added
48:1
39:5
affecting
addition
35:3
32:6
affidavit
additional
20:24
31:13
21:1
32:19
affiliated
41:17
29 9
address
afternoon
4:8,10
5:11 6:1,
29:11
2 28:4,5
43:18
45:12
agencies
55:4
41:21,25
addressed
agency
40:12
32:5
48:17
agree
50:19
26:2
addressing
35:11
35:22
49:23,24
59:6
adjusted
50:25
agreed
5:3
administrat
ive
agreement
14:24
45:21
46:12
admissions
55:17
37:19
admit
agrees
8:10 10:1
37:21,23
22:13
admitted
ahead
11:15
56:3
Adolf
air
49:17
34:17
advisement
38:21
60:1
Aircraft
Aetna
41:7
19.22
Alabama
affect
20:10
49:19
allocable
affected
39:14
,)ESQUIRE 800.211. DEPO (3376)
EsquireSolutions. com
HEARING
O'BOYLE vs.
TOWN OF GULF STREAM
February 03, 2015
Index: allocate -blank
allocate
20:6
assess
47:22
5:24
44:8
35:7,24
11:4
52:15
believes
allocated
44:19
assessed
bad
14:14
14:22
appearances
11:16
49:13,19
Bender
16:20
5:22
assistance
Bank
34:4,13
39:16
appellate
32:5
20:5
35:1,11,
40:6 44:5
19:15
assumption
bankruptcy
17 44:18
allowable
40:15
47:4
7:21
20:21
10:3
application
benefit
attention
barrage
allowed
s
40:24
10:8
38:10
53:16
33:1
41:1
55:15
40:10
barraged
42:18
apportion
50:10
28:22
alternative 44:9
51:6
benefits
26:14
based
42:12,15
approach
attorney
21:3
amount
28:6
16:16
big
36:14
10:1
approximate
20:20'23
56:3
9:24
12:13
1 y
34:6,10,
10:19,21
22:5
11 39:2,
baseless
50:3
17:20
43:23
6,10
28:12
Bill
45:10
argue
44:13
basically
50:8
49:25
8:20
audio
46:2
17:12
bills
amounts
51:12,13,
basis
21:19
50:2,16
arguing
20,23,25
22:3 48:8
8:18 9:2
binder
analysis
authorities
52:12
11:11
3:7 16:6,
13:1,10
34:23
Beach
9 17:17,
36:14
argument
authorized
27:13
24 18:9
38:7,12
7:25
30:25
46:25
19:13
9:18,24
ancillary
25:6,8
31:11,21
bearing
bit
36:3
56:10,11
automatic
52:2
5:20 12:6
39:23
44:14
arguments
20:13
beast
black
and/or
25:3,6
average
54:6
37:4,22
36:24
arises
22:6 47:7
beat
38:2
18:25
49:2
34:24
Black's
Aniero
19:22
Arlington
averages
Becker
14:15,18,
51:9
36:13,16
50:6
19 15:6
annual
16:2
21:4
article
begin
39:14
52:11
34:1,5
B
4:22
blank
annualizes
47:4
beginning
30:13,15,
51:22
asks
back
52:2
18 33:14
Appeals
46:9
5:9 32:15
37:1
behalf
36:7,24
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
HEARING
O'BOYLE vs. TOWN OF GULF STREAM
February 03, 2015
Index: blue -Chris
41:12
52:2
California
52:25
23:14,16,
47:19
budgetary
12:23
53:1
19,23,25
55:7,8
13:24,25
24:2,11,
43:12
cases
blue
33:25
4:3,5,8
17,19,22
building
35:6,13,
25:16
Its
12:23
22:6,7
21,23
27:8,12,
Hosts
38:24
44:19
17:20
14,20,25
21:13
20:21
57:14,15
48:21
34.2
32:6,7
book
58:5
53:1,2
40:13
34:15,17,
53:19
bulk
call
48:20,21
18 35:21
Borough
10:10
7:16
50:4,13,
37:1,2,3,
25 38:17,
51:9
burden
calls
15 51:4,5
20,22
Borough's
41:19
58:3
58:11,13,
45:12
52:5
55:18,22
card
17 59:1,50:20
9,20,21
bottom
burdening
25:23
51:13,14,
28:12,19
Casualty
20 52:7
15:21
careful
19:23
53:6,8,
bought
burdens
52:17
cent
10,20,24
26:15
52.6
carefully
53:15
55:6,15,
52:10
business
12:1
20 56:3,
14:21
cents
24
break
15:17
case
10:16
5:18
3:7,14,
11:2
char geable
26:11
16:3
20,24
31:13
15:17
breaking
22:19
23:6
4:11
33:3
39:19
27:15
39:16,18
7:10,14
cetera
charged
briefly
8:4,5,9
20:8
10:2 31:7
11:9,13,
50:23
10:13
C
14 12:22
challenged
briefs
13:3,7,
44:21
charges
3:21
Cain
16,21
chance
20:25
bring
5:2,25
14:5,6,9,
4:13
26:22
27:13
6'141:16
12 17:19
10:13
18:1,13,
Chapter
bringing
calculation
21 19:12
8:22 9:12
47:1
51:1
20:17
28:11
11:1
charging
21:21,23
30:9,10
30:22
10:17
broad
22:11
33:24,25
33:7
37:13
29.22
26:19
35:7,8
charge
49:25
broken
42:10,12
39:1
9:7,11
51:12
8:24 10:2
49:1
40:15
10:16
26:7
51:17
41:8
check
58:21
11:1,4,7,
17:8
brought
44:6,22
10,16,19
50:18
calculation
48.17
12:17,24
Chris
6
50:10
21:22
7:11
brunt
42:19
51:7,10
22:8
ESQUIRE Esqu �eSolutions.com)
HEARING
O'BOYLE vs. TOWN OF GULF STREAM
February 03, 2015
Index: circuit -copy
circuit
24:4
comprehensi
constraints
48:1,3
17:25
53:12
vs
43:12
57:16,23,
28:20
client
38:12
consumable
24
32:13
22:21
concede
36:21,23
copiers
circumstanc
47:11
24:21
25:22
contemporan
e
clients
conceded
eously
copies
32'8
7:10
49:20
40:17
9:6
circumstanc
close
53:2
contends
12:15,25
es
28:25
concedes
21:6
16:24
25:24
17:5
closed
21:15
contention
22:18
cite
17:7
concept
9:12
23:2 26:2
34:8,11
48:20
closely
13:11
continually
28:7 30:8
51:7
concepts
40:17
31:10,12
cited
14:17
32:20,24
3:21 30:9
closing
g
continue
34:16
39:5
57:22
concluded
40:25
36:14,15
44:22
co -counsel
60:16
continuing
38:19
48:18
5:25
Concrete
52:6
39:22,24,
49:16
19:22
25 40:7,
coffeemaker
contract
19,22,23
cites
5:18
condition
19:17
13:25
42:3,15,
51:4,6,22
comfortable
38:21
contractor
20,23,25
5:20
conditionin
19:18
45:1,4,9,
citizen
g
19,23
40:19
common
34:17
contractors
46:22
15:25
41:24
City
47:13
confusing
47:16
46:24
convincing
48:7
Company
19:5
27:21
50:20,22
claims
19:23
confusion
52:14
28:12
cool
20:5
12:6
53:4
43:21
clear
compatriot
18:25
57:23,25
22:16
28:17
connection
Coopes
59:9
27:3
20:6
31:4,25
compensatio
32:25
copier
copy
clearer
n
consequence
18:21
8:25 9:8
11:2
37:12
19:25
s
25:20
12:10,17
complaint
32:11
34:20
18:18
clerical
30:5
41'7
35:5
22:14,16
20:12
completely
p y
consigliere
37:15
23:15,17
23:4 32:4
14:6
7:17
38:21
24:12,15
clerk
56:10,24
consistent
39:25
27:13
14:14
39:10
45:18,20,
30:1
15:19
component
21,25
31:10,14
17:16
41:14
constitutes
46:21
32:18
17:1 57:9
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
HEARING
O'BOYLE vs. TOWN OF GULF STREAM
February 03, 2015
Index: copying -default
33:3,20,
35:10,24
41:2,11,
11,12
21 34:25
37:9,10,
12,14
19:15
D
36:11
12,15,21,
42:16
20:6,22
37:4,7,
25 38:4
43:17,20
25:12,15
daily
12,23
39:12,13,
44:3,14
27:2,16,
48:8
40:18
14,21
45:2,5
21 28:2,
41:2,15,
41:20
47:20
5,8,19
dandy
16,17
42:2
49:7
29:4,20
48:20
42:9,14,
44:4,5,17
52:4,19,
31:20
Daniel
17 43:8,
45:19
21,22
35:6,24
5:23
13 44:10,
46:3
58:8,20
37:24
17 45:4
48:23
38:9
day
47:1,7,
49:8
counsel
40:15
22:8
15,17
51:15,19
4:12 0
41:4,5,8,
50:24
6:5
7:17 60:5
48:7
52:7,16
10 42:6,
DBR(
53:13
53:13,24,
Count
8,19,22,
PHONETIC)
54:3
25 54:5,
29:25
25 43:3,
50:8
57:11,13,
7,18 55:6
30:1,5
17 44:19
14,15
56:9,12
Country
45:7,17
DCA
59:23
57:1,11
17:21
46:1,23
30:10
copying
costa
40:13
47:21
deal
35:3,25
13:6,7,9,
44:21
51:21
43:8 50:3
40:18
18 14:2,8
47:8
53:23
dealing
54:10
correct
15:9,11,
County
55:3,13
51:10
5:1 14:14
14 16:18,
13:25
58:18,24
52:9,10,
42:21,24
19 19:4,
19:1412
59:3,5,8,
54:1
43:2 46:7
16,18
35:7
11,18,21,
deals
20:1 22:1
correctly
23:6,20
couple
25 60:4,
56:19
47:1
30:17
42:6 51:4
14
Deas
cost
31:2,18,
court
Court's
30:9
9:14,16
22 32:10
3:2,8,11,
7:24
decided
11:7,8,
33:25
,,
17,25
courtroom
15:3,8
19,21,24
10,12,16,
4:10,15,
7;7
50:11
13:4 14:3
21 34:3,
22 5:3,6
19:1,6,7,
8,9,14,
6:2,6,14,
Courts
decides
8 21:1,4,
19'25
16,17
19:23,25
14:11
5,7 23:21
35:1,2,4,
7:5,15,
curious
25.9
24:13
5,9,14,
19,24
15:1
decision
25:17
15,16,18,
8:2,7,23
32:9
26:4,12
19'22'25
9:5,20,25
curiously
27:9,18
38:3,13,
10:7,11
15:7
decisions
30:1,6,14
16,17
13:4,22
Cynosure
47:14
31:9
39:3,4,8,
16:13
20:15
default
32:6,21
11,23
17:19
10:15
33:12
40:4,5,18
18:5,7,
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. corn
HEARING
O'BOYLE vs. TOWN OF GULF STREAM
defendant
6:5
51:14,15
define
39:15
defined
23:21
33:5
36:23
54:1
defines
52:23
definition
14:13,14,
19 15:2,
5,6,8
16:25
17:14,15
23:13
27:18
33:11
52:24,25
54:6
56:13
57:8,12
58:8
definitions
14:12
15:22
16:1 39:9
44:11
48:15
demonstrati
ve
28:11
Department
14:1
deposition
18:7
22:20,25
48:2
54:17
57:6
Depot Ia
47:12
depreciatic
n
18:4,14,
22 19:3,
10,11
21:4
38:23
designate
27:7
Desouza
3:6,9,20
4:1,14,20
5:23 6:9,
15,23,25
7:9,16,20
8:3,24
9:6,24
10:4,9,12
16:14
18:6,9,13
24:20
25:14,19
27:11,17
28:3,10
31:6 35:6
40:9
46:13,24
47:22
53:25
54:12
55:12,18
59:9,13,
23 60:12
detailed
36:13
38:7
determine
55:21
determined
29:23
36:15
Detroit
20:5
Di
50:8,11
Diamond
41:7
dictionarie
a
15:23
dictionary
14:12,15
16:2
39:15
difficulty
27:21
direct
13:6,17
14:2,7
19:16
32:15
35:9,16,
19,22,25
39:13
directed
3 1:2 0
directly
16:20
40:6
44:5,8,14
disagree
7:2
discuss
4:2
discussed
40:2
dispute
4:7 9:22
17:2
18:25
19:7
23:7,12
February 03, 2015
Index: defendant..duplication
24:14
36:12
38:4
48:15
52:18
54:2
disputes
12:12
distinction
3 0: 12
distinction
a
12:5
distinguish
ed
26:6
distraction
a
25:5
District
19:24
20:9,16,
22
divide
12:14
22:8 49:1
51:18
document
37:22
38:1
documents
8:15,16,
19 49:24
dollar
22:17
dollars
12:13
50:14
double -
sided
31:12,14,
15 32:19
drives
20:19
dropped
47:16
duplicate
30:15,18
33:13,15
36:6
37:22
38:1,14
40:4
44:2,16
47:20
55:13
duplicating
16:21
44:7
duplication
9:14,16
11:7,8,
19,24
13:4,9
14:8
16:19
19:6
23:20,21
30:6
31:2,19,
22 32:7,
10,21
33:2,5,
10,12,17
34:4,9,14
35:1,9,
11,17,18,
22 36:1
38:16
39:4
41:12,20
48:24
49:8 54:7
e, ESQUIRE 800.211.DEPO (3376)
6 0 l Y i 1 0 N 9 Esquire Solutions. cam
HEARING
O'BOYLE vs. TOWN OF GULF STREAM
ESQUIRE
existence
16:3
19:20
expect
43:5
expects
17:8
expense
14:24
18:22
23:5
26:13,24
36:2
38:23
39:17
43:15
48:13
52:2
55:10
expenses
14:21
15:17
16:2,20,
23 18:18
20:11
21:9,11,
12,16
34:10
38:17,18,
20 39:16,
19 40:1
43:14
58:15
explaining
60:6
extensive
11:5
32:3,4
extremely
29:21
February 03, 2015
Index: e -mail -fax
F
face
17:13
facsimile
20:25
21:2,4,8,
10
fact
13:12
22:19
29:22
37:18
43:23
48:18
59:13
factors
35:3
facts
7:2 8:10
17:3
22:13
fair
4:11,20
23:1
38:12
49:3,6,10
52:23
53:14
fairly
12:16
56:3
familiar
3:5 7:23
50:5
fancy
21:23
58:20
fax
58:3
800.211.DEPO (3376)
EsquireSolutions. com
ends
exceed
g
21:5
31:10
33:2
entire
e-mail
7:25
exchanged
29:11
entities
59:20
59:15
29:9
exclude
e-mailed
13:20
entitlement
22:23
14:4
30:3
earlier
excluded
enumerated
54:20
13:12
55:16
16:18
early
equipment
19:9
17:6
13:17
27:19
easiest
18:20
34:3,8
6:19
19:2
38:15
Education
20:2,3,8,
39:4 40:5
14:1
14,18
44:3
48:17
49:10,11
eighteen
52:4,7
53:4,22
51:24
58:18,19
excludes
electricity
equipment-
23:22
15:20
related
53:5 54:8
21:19
13:7
58:22
22:4,9
essentially
excluding
38:21
43:20
28:16
56:20,21
31:9 55:5
57:12
exclusion
58:4
establish
14:9
electronics
40:18
exhibit
41:19
lly
24:4,20
22:22,24
events
29:1,2
ellipsis
21:17
36:17
15:1
evidence
37:18
4:25
38:6
employee
54:16
37:24
20:8
38:8
exhibits
38:18
evolved
4:23
employees
11:18
35:13
28:15
14:19
end
exact
24:2
29:7
4:5,6
53:20
12:12
50:24
exist
22:4 24:4
57:8
48:2
45:14
ESQUIRE
existence
16:3
19:20
expect
43:5
expects
17:8
expense
14:24
18:22
23:5
26:13,24
36:2
38:23
39:17
43:15
48:13
52:2
55:10
expenses
14:21
15:17
16:2,20,
23 18:18
20:11
21:9,11,
12,16
34:10
38:17,18,
20 39:16,
19 40:1
43:14
58:15
explaining
60:6
extensive
11:5
32:3,4
extremely
29:21
February 03, 2015
Index: e -mail -fax
F
face
17:13
facsimile
20:25
21:2,4,8,
10
fact
13:12
22:19
29:22
37:18
43:23
48:18
59:13
factors
35:3
facts
7:2 8:10
17:3
22:13
fair
4:11,20
23:1
38:12
49:3,6,10
52:23
53:14
fairly
12:16
56:3
familiar
3:5 7:23
50:5
fancy
21:23
58:20
fax
58:3
800.211.DEPO (3376)
EsquireSolutions. com
HEARING
O'BOYLE vs. TOWN OF GULF
STREAM
February 03, 2015
Index: faxes..Gulf
faxes
firm's
focus
front
28:4,5
58:4
21:2
10:8 40:9
24:5
49:19
'federal
firms
follow
full
60:7
17:25
20:11
11:18
51:23
Gorden
fee
fiscal
footage
full-time
13:3
8:16,21,
12:14
34:21
28:15
government
24 18:21
fit
forget
fully
40:19
31:8,21
41:24
23:12
50:24
52:8
36:12,21
43:12
five-year
56:12
fuss
fees
12:10
formal
10:20,21
great
34:12
3:11 7:5
45:21
5:20
35:3 39:7
16:7
field
fixed
formula
G
60:3,6,11
15:9,10,
52:5
6:16
14 16:2
guess
figure
20:7
forty
gave
45:10
28:18
16:6
12:8
21:16
guidance
23:6
forward
19:14
16:15
figured
26:4,13
55:19
general
56:7
Gulf
27:17
59:22
7:17,23
figures
37:3,25
16:16
3:3,22
Foster
6:5 7:11,
51:23
43:18,23
6:4
18:3
13 8:13,
file
44:4
26:24
14,21
36:4
56:12
found
34:7,10,
57:1
44:22
11 39:2,6
9:3,8,14,
finally
58:15
47:8
44:13
19 10:14
41:3
11:9,15,
Flatau
four-page
General's
17 12:6,
find
21:2,6
30:23
39:11
9,13,18,
37:16
Flatau's
Fourth
Georgia
20 13:1,
47:5
21:1,10
30:9
20:22
8,12,15,
51:19
23,25
52:25
flip
frankly
giant
14:11,14,
53:1
15:6
25:4
53:19
17 15:7,
59:17
Florida
27:12
give
15 16:6,
finding37:16
12:21
3:9 4:16
11,22,25
34:24
13:20,24
43:5
6:12 6:3
17:5
fine
16:16
freak
15:21,23,
18:16
19:15
17:6
24 17:23
19:1,4,9
11:12,13
20:16
free
40:10
21:15,18,
27:24
48:20
34:6,10
5:16 30:8
Glassstream
20 24:15
59:7
39:210
,
20:21
26:,14
41:4,8
Friday
28:11,13,
firm
44:12
3:23
good
22 32:12
21:6,10
51:11
frivolous
5:6 6:1,
43:6
50:6
28:12
2,6 14:16
48:25
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
HEARING
O'BOYLE vs. TOWN OF GULF STREAM
49:6
held
51:5,12
51:8,17
41:4
53:9,14
52:15,18
helpful
54:2,13,
53:18
34:9
20 55:18
28.9
39:3,7,
54:3,13
57:12
11,12,13,
30:20
23 44:13
55:19,22,
include
58:1,13,
24 56:7
herrings
25 59:14
25:5
60:12
gun
38:9
hey
hour
26:8,9
5:12
guy
30:16
30:17
26:10
highlighted
hours
49:13
35:6
11:11
50:11
Hitler
22:5
_
49:17
171
hall
5:17
28:15
29:13
handed
18:10
30:21,24
33:6
handing
55:8
handle
49:15
happened
7:3
harsh
41:6 42:3
46:18
he'll
40:24
hear
5:13
hearing
3:12 6:22
60:16
home
18:1
20:20
hometown
28:18
Honor
3:6,14,21
4:2,6,19,
21 5:1,5,
23 6:1,3,
9 7:1,9,
20 10:10,
23 14:25
15:21
16:5,9,15
17:16,22
18:24
19:13
20:23
21:13
22:12
24:1,14
25:2,4,19
28:3,4,10
30:21,24
32:10
33:7 41:3
47:10,22
49:16
50:3
hundred
17:9
hundreds
29:12
50:15
hurricane
17:7
hypothetica
1
45:17,24
52:13
I
i.e.
16:21
19:19
40:7
II
29:25
30:1
important
12:4
29:18,20
33:9
improper
9:11,13
24:17
February 03, 2015
Index: gun..ink
inapposite
incur
13:22
19:7
14:10
21:17
incidental
38:1
45:3,19
34:9
55:20
39:3,7,
58:8
11,12,13,
23 44:13
incurred
include
16:23
17:4
14:3,18
19:17,18
18:18
21:9
19:11
23:16
26:21
30:16
30:17
37:21
33:16
39:21,23
34:14
41:14
35:5 40:3
52:20
46:13
54:5
48:24
56:17
incurring
included
45:5
13:14,18,
incurs
19 20:17
16:3 19:4
25:17
23:5,14
29:18
49:7
33:9
52:19
34:3,25
individuall
36:16,20,
y
21 54:9,
29:8
22 56:1,
13
indulgence
7:25
includes
13:5,17,
Industries
21 18:2,
41:8
14 19:2,3
inequitably
20:7 24:7
52:6
26:5
36:24
information
54:14
32:3
inclusive
ink
27:5
18:20
24:7,9,
increase
19,21,23
41:17
25:1,17,
24 26:1,
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
HEARING
O'BOYLE vs. TOWN OF GULF STREAM
5,8,9,12,
15,21
27:5,15,
23,24
33:21
36:8,25
37:5
41:16
46:13,15,
20 53:9
54:15,19,
20,23,24,
25 55:1,
10,20,23
56:1,7,9,
12,14,17,
19,23
insert
22:17
instance
31:8
instruction
10:23
instructive
39:3,9
insurance
18:4
intend
4:24
interested
7:13
55:14
interesting
53:7
interpret
41:5,10
interpretat
ion
15:19,23,
25 42:4
introduce
4:24 7:6
introductio
n
6:13 8:4
invite
5:19
17:18
58:10,13
involve
50:4,13
involved
60:8
irrespectiv
e
26:25
issue
4:5,8,10
7:4,23
10:12,15,
21,23
17:21
19:5 28:7
29:17,23,
25 30:5
32:14
39:21
40:14
43:18
44:9
4 7: 17
48:10,13
49:19,22,
25 50:18
51:11
52:13
issues
6:24
10:10
25:10
60:6
item
22:2 58:1
items
20:3,4,7,
11,14,16
kind
26:6
3:21
27:10
44:19
54:25
47:7
57:17
knowing
55:14
J
Jersey
40:14
51:4,10,
21
Joanne
6:3
Job
60:6,9
John
34:4 35:1
Johnston
6:4
joint
4:23 8:8
29:1
36:17
Jones
6:4
Judge
34:2 35:8
judgment -
type
6:22
judicial
47:10
jury
5:8,15
K
keeping
43:21
L
labor
11:5
33:16
38:16,17
53:3
language
31:25
35:14,20,
23 42:5
law
3:7,15,
20,24
4:11
14:12,15,
18,19
15:6 16:2
17:19
19:12
20:11
32:14
39:1,14
50:8
lawsuits
28:19
41:23
lawyer
15:1,3
34:1 35:2
lawyers
14:16
lead
3 7: 17
lease
February 03, 2015
Index: insert -limit
12:10
26:5
36:18,22
45:21
46:12
51:1
52:10
53:15
55:17,25
56:4,17,
21
leased
18:21
leases
20:18
48:18,19
58:19
leave
15:3,8
left
15:4 16:1
legal
7:4 8:22
14:17
legislature
31:1,8
32:20,23
legislature
's
32:16
lengths
16:7
level
18:3
light
40:2
lighting
34:18
limit
21:19
41:11,20,
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
HEARING
O'BOYLE vs. TOWN OF GULF STREAM
23
limited
5:13
38:11
litigation
7:12
Livecchia
51:7,9,21
located
34:20
log
29:3
long
41:4
looked
4 0: 14
47:11
lot
39:1
49:13
50:4
Lou
7:17
lower
41:1
M
machine
9:9 12:11
13:5 14:3
18:19,22
20:13
21:2,5,8,
11 22:14,
16,18
23:3
25:18
33:22
34:16,25
35:25
February 03, 2015
Index: limited -mince
36:9
make
53:3
33:12,19
37:7,10,
17:9,10
52:11
managers
14 41:15
18:18
18:3
media
42:9,14
22:9,15,
50:10
43:1,8,
17 25:8
manner
19,24
33:20
41:5
Melka
44:17
36:10
Marine
17:24
45:4 46:4
37:11
17:25
memo
48:7
38:19
10:15
51:16,23
39:22,24,
Martin
24:3 38:7
52:9 58:3
25 40:7,
5:24
54:16
22 41:15
19:14
machine's
52:1
42:2'17
material
memos
45:4,8,
11:25
7:21 9:22
made
19,22
23:23
mentioned
8:12
46:22
24:16,24
46:24
16:25
47:25
25:25
17:5
48:7
222
Merriam -
22:21
50:23
277::22
Webster
23:2,15,
51:2033:13
15:15
17 24:16
52:14
36:5
39:18
26:18
53:14
37:9,10,
meruit
29:8
54:3
11,15
20:1
41:17
55:11
44:1,16
47:15
57:2,10,
49:9
meter
48:4
13,14,15,
53:21
9:7,11
49:24
23,24,25
54:21
23:14,16,
23,24
mails
58:3,4,7
55:20,21
24:11,19
26:9
609
.
56:21,22
27:20
main
makes
materials
37:3,25
38:2
12:17
3:5 23:22
53:6,8,
26:24
25:1
10,20,24
maintenance
29:14
36:10
13:6,1832:10
Michigan
24:8,9
40:19
53:17
20:7
54:7,9
25:18
43:1 48:9
middle
26:5,10,
49:5,13
matter
20:15,22
11 27:5
17:16
57:16
36:18,20
making
58:20
46:21
26:1
million -
40:25
meaning
dollar
54:15
16:17
56:1,4,20
41:15
10:5
42:13
34:12
11:22
majority
43:15
means
millions
22:20,23
44:10
11:12
23:1
50:14,15
45:1
12:7 15:5
48:12
23:21
mince
ESQUIRE 800.211.DEPO (3376)
L Esquire Solutions. corn
HEARING
O'BOYLE vs. TOWN OF GULF STREAM
12:1
motivation
necessarily
48:23
49:18
23:5
45:13
mincing
Mount
19:5
51:9
needed
minimize
move
45:22
57:13
29:17
14:11,12
minute
21:20
news
50:7
38:25
moves
44:19
no -profit
misleadingl
57:19
25:6
y
31:20
mixed
6:24
money
10:22
50:1,2,4
51:1
52:15
month
12:10,12
15:12
17:8
21:8,18
24:25
36:15,16
40:22,24
42:15
48:14
50:21
52:3,11
58:16
monthly
21:5
36:12
43:23
44:10
4 5: 10
51:1
months
51:24
Mortgage
20:15
multiplied
21:24
multiply
12:15
22:7
municipalit
ies
32:13
35:20
40:16
43:10
municipalit
y
52:5
F9
national
50:7,10
nature
29:20
32:2
nauseam
58:16
Nazzaro
24:3,6
38:7
54:16
neatly
23:13
non-
existent
52:4
non-profit
41:25
normal
25:24
North
13:25
35:7
Northern
20:9
notebook
29:2
notice
47:10
noticed
47:12
noting
32:23
notion
57:17
nucleus
15:25
number
9:2,6
12:15
15:12
21:24
24:4
February 03, 2015
Index: mincing -one-quarter
42:23 58:11,25
43:13 59:4,5,7,
49:2 10,16,21,
51:19 24 60:3,
11.13
0
O'boyle
3:2 5:24
8:13 16:4
17:9
28:16,22
29:8
30:2,12
40:21
43:9 46:9
48:11
49:13,17
O'boyle's
37:14
38:19
O'connor
3:13,19
4:3,7,19
5:1,5
6:3,10,
21,24
15:24
17:18
24:18
25:8
28:4,6,9
42:7,11,
21,24
43:2,4,25
45:16
46:7
47:3,24
49:12,21
50:1,18
51:3,22
52:20,21
53:2,7
56:6
57:4,21
O'connor's
17:14
55:4
O'hare
7:11
28:17,21
48:11
Where's
7:16 43:9
objections
5:4
obligated
30:7
obligation
40:20
office
14:24
18:1 19:2
20:12,18
23:3
34:20,22
38:22
47:12
Ohio
12:22
13:2,12,
14,16,19,
20,21
33:24
48:20
52:25
omit
41:13
one's
57:18
one-quarter
34:21
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
HEARING
O'BOYLE vs. TOWN OF GULF STREAM
February 03, 2015
Index: one -sided -person
one-sided
opposition
44:3,4,12
paragraph
51:6
31:10
29:4
45:2
16:12,14
53:13,15
32:18
opted
48:16,17,
18:16
54:19
37:22
28:17
19,24
parcel
55:7,25
38:1
49:9,10
56:4,5,8,
ordinary
53:5 54:8
46:16
12 57:1
online
15:9,10,
56:13,22
Parente
58:4
15:22
14
57:3,6,9,
14:1 35:7
paying
onslaught
organizatio
17,19
parse
17:10
49:16
n
58:1,2,6,
27;6
24:15
open
14:1 35:8
7'12'14'
26:4,12
29:2
16,20,21,
Part
42:16
outlines
22
15:18
opening
38:7
16:22
48:14
6.7
52:3,16
overcharged
operate
50:13
p
39:19
Payment
46:4
46:15,16
20:15
overhead
pages
parties
payroll
operating
9:23
21:24
13:6,17
11:24
29:24
7:22
18:2
15:9,10,
13:11,13,
30:8
Pass
pays
14 21:16
21 14:4,
37:14
24:13,25
12:9 54:3
26:13
9,13,2026:23
49:2
pending
27:18
15:5,7,
59:17
57:1
36:2 57:1
10,17,24,
58:19
7:12
58:15
25 16:1,
paid
penny
7,8,18
9:8
passing
30:13
opinion
45:12
34:7
17:1,13,
Palm
37:3,25
39:2,11
14,22
27:13
past
47:1
18:1,14
46:25
28:25
54:3,11
opinions
19:6,8,
44:20
34:11
11,18
Paper
people
39:6
20:1,7,
8:25 9:1
Patent
7:6 22:6,
18:19
30:11
7 24:23
opportuniti
11,17
27:14
Paving
g
45:1 48:7
as
21:11 18
30:13,14,
19:15
57:2
7:1
21 22:2,
10 23:7,
16,19
pay
percent
opportunity
8,13,17,
31:17
8:16
10:18,19
3:15 59:1
22 26:3,
33:14,20
12:12
perfectly
opposed
24 27:1,
35:5
36:7,8
15:11
4:20
14:8
18 33:8,
1:
52:11
16 37:2
37:7 38:5
244:111,12
performing
P g
38:17
41:13
25:23
44:6
opposing
39:9,15
42:2
30:3,13
permitted
4:12
40:1,5
47:19
36:19
19:25
opposite
43:17,20,
55:7,9
45:24
39:12,13
22,24
57:19
47:18
person
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
HEARING
O'BOYLE vs. TOWN OF GULF STREAM
34:15
36:2
49:18
53:3
personnel
32:5
piece
19:11
30:15,18
31:17
33:14
36:7 37:7
47:19
55:7
pieces
55:9
plain
16:16
42:5
plaintiff
5:24 8:13
29:17
31:20
37:8
44:22
plaintiff's
9:10 40:8
play
31:3,19,
22 42:10
57:20
plays
42:11
plenty
59:6
pocket
19:2
52:15
point
7:4,22
16:5
20:19
22:16
25:7 26:3
28:9
55:3,4
points
35:12
Poliakoff
50:6
policies
11:17
Polivka
19:14
portion
23:2 44:9
46:14,20
56:8,19,
23
posit
23:25
51:6
position
9:10 13:8
18:17
19:10
25:16
27:7,11,
22 42:8
44:4,24
45:2,11
55:14
positions
6:15
possibly
8:1
potential
40:11
preliminary
5:7
present
5:14
presentatio
n
25:9
presented
4:12
presenting
60:6
presumes
31:9
pretrial
8:8 11:15
12:11
49:21
price
51:23
principle
14:2
print
37:3,25
printed
49:2
printer
26:16,19
printout
30:24
31:24
33:6
prior
36:14
50:6
private
41:21,24
pro
22:2
34:19
38:13,22
41:2
42:16
54:14
problem
February 03, 2015
Index: personnel.. public
10:20
13:1,10
26:3 28:1
48:21
52:23
54:1,4,
12,22
proceed
6:10
proceedings
3:1
produce
29:24
46:10
product
14:23
15:18
39:17,20
profit
40:12
50:18,23
52:13
project
19:19
proper
9:16
10:17
23:18
24:22
27:25
50:16,17
properly
54:21
proposition
12:19
18:14
prorated
9:2 56:8
provide
12:18
30:7
46:10
53:19
58:12
59:9
provided
8:17,21
17:17,19
2 9: 4
56:16
58:12,17
provisions
41:11
public
8:11,12
11:6
13:19
16:17,21
17:9
19:20
22:15,18,
21,23
25:21
26:16,17,
20,25
28:24
29:5,12,
15,16,21,
22,25
30:15,18,
25 32:21,
24 33:13,
15 36:7
38:10
40:4,25
41:21,22,
25 42:1,
13,22
43:9
44:2,7,16
45:9,13,
14 46:2,
5,8,9
47:20,25
48:4,12
49:14,23
50:9,22
�, ESQUIRE 800.211.DEP0 (33 76)
EsquireSolutions. com
HEARING
O'BOYLE vs. TOWN OF GULF STREAM
February 03, 2015
Index: purchase.. represents
55:9 57:2
15:2,9
59:15
30:1,4,25
rehash
purchase
17:23
real
32:2,25
7:25
43:8
18:1
30:11
38:10
reimbursabl
20:23
40:25
purchased
reason
41:22,25
e
quoted
21:12
18:23
24:1
42:1,13,
58:14,16
22 43:9
reimburseme
Purely
reasonable
6:24
quotes
31:4
46:3,5,8,
nt
13:13
35:14
9 47:25
20:25
pursue
59:15,17
48:4,12
rel
25:9
recalculate
49:14,23
put
40:17
50:9,22
13:3
3:22,23
R
received
57:2
relate
10:25
3:3,4
Records®
21:11
raise
puts
25:10
29:6
commerce -
relevant
15:1
recognize
group.com
18:15
raises
12:4
29:11
remember
putting
10:15
52:15
25:3
33:17
recouped
46:25
record
52:8
rendering
— _
ran
3:13 5:2252:4
recover
Q
50:20
26:25
53:16
rent
Ranches
29:15
qualms
50:9,12
30:15,18
recovered
14:21
52:19,21
32:22
51:24
15:21
rare
,
20:2,33:1415
quantum
6:25 8:9
,
red
12,13
1213
20:1
36:7
25:5
26:5
rata
38:14
question
22:3
40:4,20
refer
34:19
10:5,6
34:19
44:2,7,17
3:12 4:4
44:10
11:22,23
38:13,22
47:20
16:19
rental
19:3,12
41:2
59:15
45:2
9:3 18:21
23:24
42:16
referring
19:2
25:12
54:14
records
13:16
20:3,8
46:23
8:11,12
23:9
24:7
47:24
rate
11:6
38:23
48:3 54:4
40:18
13:19
reflective
48:18
43:18
16:17,21
28:16
questions
4u
55:25
19:21
58:18
6:16 42:6
56:4,21
22:15,18,
reflects
rents
47:23
reaching
21,23
29:5
9:3 20:17
quick
32:11
25'21
and
regard
repealed
40:10
47:14
26:16,17,
20:24
14:5
20 28:24
23:24
quickly
read
29:6,12,
44:23
represent
47:22
7:22 9:21
16,21,22,
9:13
regarded
quote
58:13
24.25
24;8
represents
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
HEARING
O'BOYLE vs. TOWN OF GULF STREAM
Index:
February 03, 2015
reproduction -sexy
27:24
research
5:10
43:21
secretarial
reproductio
3:23
10:25
45:25
20:12
n
reserve
restricted
roughly
section
35:2,4
25:8
35:20
10:19
32:16
request
resident
restriction
run
self -
11:6
7:11
35:18
6:18 9:9
service
20:25
residents
restrictive
18:19
25:22
26:25
34:16,25
28:13
35:23
send
28:24
37:13
43:7
3:25 26:8
29:15,25
restrooms
44:17
37:19
resource
5:16
sense
43:10
14:16
running
30:2 31:1
result
14:3
requested
resources
7:14
33:21
47:13
32:3
32:4
29:23
35:24
48:9 49:5
38:11
42:3
57:14
57:24
requesting
51:25
respect
resulted
separate
24:9
28:18
S
9:7,11
rer
49:18
49:18
26:19
resulting
September
respectfull
41:6
salaries
28:24
requestors
29:7
52:3,6
y
results
14:22
28:10
37:17
18;3
series
requests
32:9,22
20:12,13
8:12
8:12 17:9
34:1
retrieval
19:21
38:24
34:12
save
served
22:15,21,
41:9,18
39:7
8:1
37:20
24 25:21
respond
retrieving
saving
service
26:17,18
4:16 9:16
36:3
10:22
11:4,10,
29:6,10,
16 14:23
12,16,21,
11:
review
scan
31:8,21
23 38:10
17:18
3:15 4:13
25'23
32:7 40:7
41:22
25:10
60:8
scenario
44:5,15
58:11
42:13,23
59:1
ribbons
45:17,24
services
45:9
26:15
schedule
18:2
46:3,6
response
8:17,21,
47:25
3:22 4:17
Rita
set
48:4,12
8:14 9:15
15:19
24
18:17
49:14,23
37:19
17:15
Schlesinger
21:1
50:22
48:6
18:7
20:10
seta
57:3
responses
Roeder
Scipio
16:23
required
22:22
7'17
50:9,11
settled
11:5
responsive
room
search
5:9
40:16
8:15
5:15
34:12
requires
rest
34:18,21
39.6
sexy
50:14
32:3
38:22
59:16
ESQUIRE 800.211.DEPO (3376)
, I - EsquireSolutions.com
HEARING
O'BOYLE vs. TOWN OF GULF STREAM
share
47:6
specific
34:19
sits
59:14
38:13,22
45:25
specificall
41:2
42:16
sixteen
y
13:14
52:3
sheet
19:8
30:13
size
36:23
41:12
31:10
55:16,23
59:14
skip
spent
shifted
34:24
26:1
35:15
small
square
shortly
20:2
34:21
51:25
50:2,16
staff
show
Smith
23:4
6:18
40:15
stand
25:22
So.3d
6:12
shut
41:9
34:15
17:6
solely
37:5
side
22:14
38:18
48:25
29:5
solid
53:8
sides'
36:24
standard
9.22
sort
23:3
significant
22:2.10
49:4,5,7
23;2
29:18
41:14
30:11
standing
43:15
33:1
53:3
47:13
stands
similar
52:16
18:13
13:5
51:10,17
source
start
simply
56:2
7:20 13:2
23:9
Southern
30:20
19:24
started
single
15:12
Southwest
49:12
44:22
50:9,12
58:10,21
52:11
starting
space
single-
34:20,22
28:9
31:15
special
starts
singular
11:4,10,
14:15
4:4
16 31:7,
state
21 32:7
5:22 13:2
sit
30:9 42:1
ESQUIRE
February 03, 2015
Index: share -Stream
43:11 35:20,23
stated 41:10
21:3 42:5
22:20 stipulated
statement 17:3
5:7 stipulation
statements 8:9 11:15
6:8 12:11
49:22
states
11:1
17:25
18:17
51:22
54:7
statute
10:17,24
11:3,18
12:3
13:12,14,
16,19,20
14:4,5
19:9
23:19
24:17,22
27:19,25
30:21
31:5 32:1
33:24
35:13
40:3 41:5
44:7,11
48:22
50:17
51:11
52:23
53:5,17,
21 54:6
58:22
statutes
28:7
statutory
10:23
31:23
33:6
stop
18:5
story
25:20
56:25
straight
21:3
Stream
3:3,22
6:5 7:11,
13 8:14,
21 9:3,8,
19 10:14
11:10,16
12:6,9,
13,18,20
13:13,23,
25 14:11,
15,17
15:7,15
16:6,22
17:5 19:4
21:15,18,
20 24:15
26:8,14
28:1,13,
22 32:12
43:6 49:6
51:17
52:18
53:18
54:3,13
55:19,22,
24 56:7
800.211.DEPO (3376)
Esquire Solutions. com
HEARING
O'BOYLE vs. TOWN OF GULF STREAM
February 03, 2015
Index: Stream's -thing
Stream's
subsequent
12:18
talked
technology
9:14,15
14:6
13:4 39:6
32:4
support -
11:17
subsumed
staff
40:15
telephone
13:1,8,15
24:24
14:22
talking
20:18
16:11,25
18:16
sue
supposed
8:11
21:7,19
19:1,9
50:11
5:8
22:13
22:4
31:14
58:2,3
49:1 51:8
suggest
Supreme
33:8
52:15
36:19
41:4,839:11
telling
street
37:8
Surety
43:19
16:11
57:16
suggested
19:23
50:2
tells
Strothers
57:7
52:14
24:21
sustained
13:3
suggestion
41:19
talks
ten
Stubbs
47:18
31:2 32:2
4:5 17:20
sworn
34:13
58:17
6:4
summary
56:15
35:2,9,17
stuck
6:21
39:3
term
13:5,11
45:9
supervisory
T
44:18
14:7
stuff
32:5
47:5,6
36:23
12:24
supplies
tab
tape
termed
subject
11:25
17:24
51:12,13
14:23
4:4 41:24
23:22
18:7
tapes
42:1
24:9
19:13,22
51:20,25
terms
43:11
33:13
20:5,9,
12:1,2,3
46:8
35:5
15,19
tasks
16:17
36:5,10,
30:23
36:3
47:8
submit
28:11
22,2452:24
tackle
taxes
54:1
30:2,16
37:11
3:11 2
18:4
44:1
20;17
testified
31:24
53:17
tackled
28:14,21,
32:22
54:8,9
17:21
Taylor
23 29:13
33:18
18:8
34:23
55:21,24
takes
22:19
testify
37:16
56:2
33:20
28:14,21
8:8
40:1
supply
57:10
29:12
testimony
41:18
23:23
taking
36:8 48:2
6:11
42:4
24'17
51:15
53:11
22:12
43:4,10,
25:25
54:17
25
27:22
talk
57:4,5
24:10
37:9 49:9
3:10 33:9
48:8
submits
53:21
34:2,12
Taylor's
56:15
41:9
54:21
36:5 37:2
15:19
thing
submitted
55:22
38:24
17:15
4:6 8:20
8:8 20:24
56:20,22
40:10
33:18
11:20
33:23,25
41:3
57:7
12:20
support
44:12
13:23
ESQUIRE 800.211.DEPO (3376)
. � U ' r EsquireSolutions.com
HEARING
O'BOYLE vs. TOWN OF GULF STREAM
21:14
22:4 33:1
39:18
46:11
53:16
things
25:21
27:9
55:11
thinking
31:1
thought
53:6
thousand
43:7 46:2
47:16
three-year
21:3
tie
44:14
time
3:14
5:10,13
8:1 11:5
25:11
28:23
29:14
35:14
37:13
4 0: 19
41:17
4 8: 16
50:7 59:6
tiny
28:13
43:6
49:15
today
3:2 4:25
7:24 8:6,
18,20 9:2
11:13,14
18:11
49:20,23
56:11
told
51:5
tomorrow
17:6,10
toner
13:6
18:20
33:21
36:24,25
41:16
46:13
toner's
46:15
tools
20:2
town
3:3,22
6:5 7:12
8:13,14
9:3,13
11:9,15,
17 12:17
14:13
15:7,19
16:24
17:5,7,16
22:19
23:5,14
24:4,10,
14 25:3,9
26:7,24
27:8,13
28:13,14,
15,22
29:13,23
30:7,17
31:11
32:1,12
36:6,13
37:21
38:8
40:3,12
41:9,18,
20,23
42:14,17
43:5,6
48:7,25
49:6,15
50:12,21,
22,25
53:12
54:2,13
55:5,19
Town's
18:17,18
22:16
23:6
24:23
42:9
transform
22:1
translates
24:16
transpire
21:17
travel
20:18
tremendous
27:20
trial
4:23 5:8
7:1,21
9:18,19
10:14
12:5,19,
21 13:13
14:20
15:16
16:11
17:1
18:16
21:15
25:4
29:19
49:20
51:3,8
Trust
20:5
trustee
20:24
turn
19:13
30:14
33:14
turned
35:16
type
12:24
52:12
types
12:24
29:21
39:7
45:22
47:14
50:4
typewriter
20:13
typically
18:2
F11
underlines
16:22
understand
9:21 27:2
53:14
55:3
understandi
ng
9:20
31:4,5
33:18,19
60:7
understood
4:14 32:1
February 03, 2015
Index: things -vast
undertaken
19:19
undisputed
36:9
unimportant
15:4
United
17:25
Unlike
19:16
unreasonabl
e
41:6 42:3
46:18
unused
45:25
unusually -
sized
32:24
unwieldy
40:21
upper
18:3
Urban
34:1 35:1
usage
42:9
utilities
14:21
18:4
34:17
utility
34:9
38:20
V
vast
22:20
ESQUIRE Esqu �eSolutions.com)
HEARING
O'BOYLE vs. TOWN OF GULF STREAM
versus
white
-
10:22
37:4,23
X
54:5
38:2
Vrenda
William
Xerox
5:25
50:11
9:3,8
windfall
12:10
15:11
W
52:4
17:8,11
witnesses
20:13
wage
7:8 8:7
24:7,12
28:17
wonderful
25:18
wages
6:17
26:4,9
20:8
59:12
36:18,22
37:13
waging
word
43:1,19,
49:14
12:7
22,24
waiting
wording's
46:12
60:4
35:10
48:18
55:17
waiver
words
56:16
15:13
12:2 19:5
58:19
walk
48:23
52:18
-
5:17
Y
work
Wallace
15:18
20:10
23:4
year
wanted
39:20
12:15
5:19 6:18
40:6
26:18
51:14
44:15
28:25
36:14
war
working
40:25
28:16
28:15
41:2 49:2
49:14
works
50:25
website
12:25
47:12
years
world
15:12
week
16:4
50:7 52:7
4:17 5:9
writing
yellow
29:14
18:10
30:23
59:5
written
yesterday
weekend
24:3
4:2 47:11
3:23
wrong
York
West
9:15
19:25
27:13
24:20
46:25
ESQUIRE
G
zoning
32:25
February 03, 2015
Index: versus..zoning
800.211.DEPO (3376)
EsquireSolutions. com
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
May 3, 2016
Martin E. O'Boyle [mail to: records a commerce-group.com]
Re: GS # 2166 (1218)
Please provide a copy of the transcript (inchuding the exhibits) resulting from the hearing of
February 3, 2015 and relating to the litgation styled. Martin O'Boyle vs Town of Gulf Stream
(Case No. 502014CA005189.YUCYYi IB). To the extent that the documents requested are not in the
possession of any of the requestees, please amend this request on a daily basis until such time as
the requested documents are available.
Dear Martin E. O'Boyle [mail to: records@commerce-eroup.comlI
The Town of Gulf Stream has received your original record requests dated April 25, 2016. Your
original public records request can be found at the following link: hgp://www2.gulf-
stream.ore/weblink/O/doc/89973/Pagel.ast)x. Please refer to the referenced number above with
any future correspondence. Please allow this response to be responsive for all parties involved.
You will find the responsive documents attached to this email as well as at the same above link.
We consider this closed.
Respectfully,
Town Clerk, Custodian of the Records