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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 ()ESQUIRE 800.211.DEPO (3376) EsquireSolutions.com S O L U T I O N S 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 ESQUIRE 800.211.DEPO (33 76) Esquire Solutions. com 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 17 18 19 20 21 22 23 24 25 ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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? ESQUIRE 800.211.DEPO (33 76) 11 EsquireSolutions. com HEARING O'BOYLE vs. TOWN OF GULF STREAM February 03, 2015 4 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? ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 HEARING O'BOYLE vs. TOWN OF GULF STREAM February 03, 2015 5 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. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com HEARING O'BOYLE vs. TOWN OF GULF STREAM February 03, 2015 6 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 ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com HEARING O'BOYLE vs. TOWN OF GULF STREAM February 03, 2015 7 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, ESQUIRE 800.211.DEPO (3376) EsquireSol utions. com HEARING O'BOYLE vs. TOWN OF GULF STREAM February 03, 2015 8 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 -- ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 13 14 15 16 17 18 19 20 21 22 23 24 25 HEARING O'BOYLE vs. TOWN OF GULF STREAM February 03, 2015 9 $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 r,) ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com HEARING O'BOYLE vs. TOWN OF GULF STREAM February 03, 2015 10 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 HEARING O'BOYLE vs. TOWN OF GULF STREAM February 03, 2015 11 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com HEARING O'BOYLE vs. TOWN OF GULF STREAM February 03, 2015 12 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, ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 HEARING O'BOYLE vs. TOWN OF GULF STREAM February 03, 2015 13 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com HEARING O'BOYLE vs. TOWN OF GULF STREAM February 03, 2015 14 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 ESQUIRE 800.211.DEP0 (3376) EsquireSolutions. com HEARING O'BOYLE vs. TOWN OF GULF STREAM February 03, 2015 15 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 ESQUIRE 800.211.DEPO (3376) < I EsquireSolutions.com HEARING O'BOYLE vs. TOWN OF GULF STREAM February 03, 2015 16 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 ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 HEARING O'BOYLE vs. TOWN OF GULF STREAM February 03, 2015 17 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 ESQUIRE 800.211.DEPO (3376) EsquireSol utions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 HEARING O'BOYLE vs. TOWN OF GULF STREAM February 03, 2015 18 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 C)ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com HEARING O'BOYLE vs. TOWN OF GULF STREAM February 03, 2015 19 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 HEARING O'BOYLE vs. TOWN OF GULF STREAM February 03, 2015 20 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 C)ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com HEARING O'BOYLE vs. TOWN OF GULF STREAM February 03, 2015 21 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com HEARING February 03, 2015 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com HEARING February 03, 2015 O'BOYLE vs. TOWN OF GULF STREAM 23 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 `ES DIRE 800.211.DEPO (3376) S 0� V. 1 0 ., S EsquireSolutions.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 HEARING O'BOYLE vs. TOWN OF GULF STREAM February 03, 2015 24 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com HEARING O'BOYLE vs. TOWN OF GULF STREAM February 03, 2015 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 ESQUIRE 800.211.DEPO (3376) o 11 � EsquireSolutions.com i� 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 HEARING O'BOYLE vs. TOWN OF GULF STREAM February 03, 2015 26 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 C)ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com HEARING O'BOYLE vs. TOWN OF GULF STREAM February 03, 2015 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 ESQE,IRE 800.211.DEPO (3376) EsquireSolutions. com HEARING O'BOYLE vs. TOWN OF GULF STREAM February 03, 2015 28 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. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 HEARING O'BOYLE vs. TOWN OF GULF STREAM February 03, 2015 29 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 ESQUIRE 800.211.DEPO (3376) Esquire Sol utions. com HEARING O'BOYLE vs. TOWN OF GULF STREAM February 03, 2015 30 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 HEARING O'BOYLE vs. TOWN OF GULF STREAM February 03, 2015 31 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 HEARING O'BOYLE vs. TOWN OF GULF STREAM February 03, 2015 32 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com HEARING O'BOYLE vs. TOWN OF GULF STREAM February 03, 2015 33 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com HEARING February 03, 2015 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 ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com HEARING O'BOYLE vs. TOWN OF GULF STREAM February 03, 2015 35 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 ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com 2 3 4 5 6 7 8 0 13 14 15 16 17 18 19 20 21 22 23 24 25 HEARING O'BOYLE vs. TOWN OF GULF STREAM February 03, 2015 36 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. C)ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 HEARING O'BOYLE vs. TOWN OF GULF STREAM February 03, 2015 37 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 ESQUI11�0RE 800.211.DEPO (3376) EsquireSolutions. com HEARING O'BOYLE vs. TOWN OF GULF STREAM February 03, 2015 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. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com HEARING February 03, 2015 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 HEARING O'BOYLE vs. TOWN OF GULF STREAM February 03, 2015 40 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com HEARING 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com HEARING O'BOYLE vs. TOWN OF GULF STREAM February 03, 2015 42 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 HEARING O'BOYLE vs. TOWN OF GULF STREAM February 03, 2015 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 ESQUIRE 800.211.DEP0 (3376) EsquireSol utions. com HEARING O'BOYLE vs. TOWN OF GULF STREAM February 03, 2015 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 ESQUIRE1. 800.211.DEPO (3376) EsquireSolutions. com HEARING O'BOYLE vs. TOWN OF GULF STREAM February 03, 2015 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. ESQUIRE 800.211.DEPO (3376) 11 11 1 Esquire Solutions. com HEARING O'BOYLE vs. TOWN OF GULF STREAM February 03, 2015 46 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com HEARING O'BOYLE vs. TOWN OF GULF STREAM February 03, 2015 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, ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com HEARING O'BOYLE vs. TOWN OF GULF STREAM February 03, 2015 48 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 HEARING O'BOYLE vs. TOWN OF GULF STREAM February 03, 2015 49 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com HEARING O'BOYLE vs. TOWN OF GULF STREAM February 03, 2015 50 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 ESQUIRE 800.211.DEPO (3376) EsquireSol utions. com HEARING O'BOYLE vs. TOWN OF GULF STREAM February 03, 2015 51 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 ESQUIRE 800.211.DEPO (3376) EsquireSol utions. com HEARING February 03, 2015 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 ESQUIRE 800.211.DEPO (3376) j Q EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 HEARING O'BOYLE vs. TOWN OF GULF STREAM February 03, 2015 53 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. ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 HEARING O'BOYLE vs. TOWN OF GULF STREAM February 03, 2015 54 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 C)ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 HEARING O'BOYLE vs. TOWN OF GULF STREAM February 03, 2015 55 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com HEARING O'BOYLE vs. TOWN OF GULF STREAM February 03, 2015 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 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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) EsquireSolutions. com 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