HomeMy Public PortalAboutAvery Transcript 5/18/16 - Pt. 11
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KELLY AVERY VOLUME I
CITIZENS AWARENESS VS. TOWN of GULF STREAM
May 18, 2016
1
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CASE NO.: 2014 -CA -006112 -AG
CITIZENS AWARENESS FOUNDATION, INC.,
Plaintiff,
VS.
THE TOWN OF GULF STREAM; BRANNON & GILLESPIE, LLC,
Defendants.
VOLUME I OF II
DEPOSITION OF KELLY AVERY
(VIDEOTAPED)
Wednesday, May 18, 2016
10:42 a.m. - 4:46 p.m.
2385 N.W. Executive Center Drive
Suite 360
Boca Raton, Florida 33431
Reported By:
Mary M. Karns, Shorthand Reporter
Notary Public, State of Florida
Boca Office Job #374075
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KELLY AVERY VOLUME
CITIZENS AWARENESS VS. TOWN of GULF STREAM
APPEARANCES:
On behalf of the Plaintiff:
JONATHAN R. O'BOYLE, ESQUIRE
THE O'BOYLE LAW FIRM, P.C.
1286 West Newport Center Drive
Deerfield Beach, FL 33442
Phone: 954.570.3533
Email: Joboyle@oboylelawfirm.com
On behalf of the Defendant Town of Gulf Stream:
ROBERT SWEETAPPLE, ESQUIRE
SWEETAPPLE, BROEKER & VARKAS, P.L.
20 Southeast 3rd Street
Boca Raton, FL 33432
Phone: 561.392.1230
Email: Rsweetapple@sweetapplelaw.com
JOANNE M. O'CONNOR, ATTORNEY-AT-LAW
JONES FOSTER JOHNSTON & STUBBS, P.A.
505 South Flagler Drive
Suite 1100
West Palm Beach, FL 33401
Phone: 561.659.3000
Email: Joconnor@jonesfoster.com
ALSO PRESENT:
MARTIN O'BOYLE
CHRIS O'HARE
W"ESQUIRE
May 18, 2016
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KELLY AVERY VOLUME I
CITIZENS AWARENESS VS. TOWN of GULF STREAM
WITNESS:
KELLY AVERY
BY MR. O'BOYLE
BY MR. SWEETAPPLE
I N D E X
May 18, 2016
3
DIRECT CROSS REDIRECT RECROSS
al
197
224
E X H I B I T S
NUMBER DESCRIPTION PAGE
PLAINTIFF'S
EX.
1
RECORDS
REQUEST, 2/19/14
10
PLAINTIFF'S
EX.
2
LETTER,
3/21/14
43
PLAINTIFF'S
EX.
3
DEFT'S
MOTION FOR LEAVE
54
PLAINTIFF'S
EX.
4
DEFT'S
RESPONSES TO ADMISSIONS
149
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KELLY AVERY VOLUME I May 18, 2016
CITIZENS AWARENESS VS. TOWN of GULF STREAM 4
P R O C E E D I N G S
Deposition taken before MARY M. KARNS, Shorthand
Reporter and Notary Public in and for the State of Florida
at Large, in the above cause.
Thereupon,
(KELLY AVERY)
having been first duly sworn or affirmed, was examined and
testified as follows:
THE WITNESS: I do.
DIRECT EXAMINATION
BY MR. O'BOYLE:
Q. Okay. Good morning, Miss Avery.
A. Good morning.
MR. SWEETAPPLE: Before we start, Mr.
O'Boyle, I note there are one, two, three cameras
on. Are any of these official video -- videos
of this depo or are they just for personal
purposes?
MR. O'BOYLE: This is a videotaped
deposition, Mr. Sweetapple. These are
videotaped.
MR. SWEETAPPLE: So who is the videographer
for the depo?
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KELLY AVERY VOLUME I
CITIZENS AWARENESS VS. TOWN of GULF STREAM
May 18, 2016
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1 1 MR. O'BOYLE: When you say -- I'm -- I'm
2 1 sorry?
3 MR. SWEETAPPLE: Is there someone who's --
4 who's taking the video? Who's in charge of
5 putting the video information on the record?
6 Announcing what the case is. Taking breaks.
7 Changing tapes. Letting us know when the tape's
8 running out. Is there someone who's actually
9 officially conducting the video for this
10 deposition?
11 MR. O'BOYLE: Is this an objection?
12 MR. SWEETAPPLE: Yes, if you can't satisfy
13 me that there is actually someone who's
14 designated to be the videographer.
15 MR. O'BOYLE: Mr. Sweetapple, can you point
16 to me the rule which requires me to answer your
17 question?
18 MR. SWEETAPPLE: I don't think there's a
19 rule that requires you to answer my question.
20 I'm asking you if there's -- if there's an
21 official videographer and who it is.
22 MR. O'BOYLE: This is a noticed videotaped
23 deposition, so --
24 MR. SWEETAPPLE: I don't see anyone -- I
25 don't see a videographer here. I see your father
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KELLY AVERY VOLUME I
CITIZENS AWARENESS VS. TOWN of GULF STREAM
May 18, 2016
6
and I see Mr. O'Hare.
MR. O'BOYLE: Okay. And I see you and I see
Miss O'Connor. I see a court reporter --
MR. SWEETAPPLE: So you're not --
MR. O'BOYLE: -- and I see three cameras.
MR. SWEETAPPLE: So you're not going to
answer me which camera is the official camera or
who's taking the video of this depo?
MR. O'BOYLE: No.
MR. SWEETAPPLE: Okay.
MR. O'BOYLE: No, I'm not.
MR. SWEETAPPLE: And if I want to obtain the
video from the videographer at the conclusion,
who would I obtain it from?
MR. O'BOYLE: Can you tell me in the rule
where it's required to share?
MR. SWEETAPPLE: I think that you are
required to provide notice of the name of the
court reporter, as well as the videographer, when
you videotape officially a deposition, so are you
going to provide that or not?
MR. O'BOYLE: We can talk about this
afterwards.
MR. SWEETAPPLE: Well, just note my
objection. Go ahead.
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KELLY AVERY VOLUME I
CITIZENS AWARENESS VS. TOWN of GULF STREAM
May 18, 2016
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1 BY MR. O'BOYLE:
2 Q. Okay. Miss Avery, why don't we start with have
3 you ever been deposed before?
4 A. No.
5 Q. Okay. Do you generally know the rules or should
6 I run them down?
7 MR. SWEETAPPLE: Why don't you go through
8 the rules.
9 THE WITNESS: Yeah, please.
10 BY MR. O'BOYLE:
11 Q. Okay. Not a problem. So this is a court
12 proceeding, just not in court. I'm going to be asking
13 questions. You're under oath, so please answer them
14 truthfully to the best of your knowledge. If you don't
15 understand something, please let me know.
16 If you forget something, as we go through the
17 deposition something jogs your memory, just tell me,
18 hey, I just remembered something. Can I go back and,
19 you know, tell you -- make my answer a little bit more
20 complete to a question we did previously. And that's --
21 that's absolutely fine.
22 If you need any breaks, just let us know. We
23 should -- be happy to accommodate you. That's the
24 bathroom. That's just if you need to, you know, take a
25 five-minute breather, whatever, just let us all know.
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KELLY AVERY VOLUME I May 18, 2016
CITIZENS AWARENESS VS. TOWN of GULF STREAM 8
1 And your counsel is likely, or I don't want to
2 say likely, but they're going to lodge objections.
3 Unless the objection is to a privilege or unless they
4 instruct you not to answer, they're going to object and
5 then you can answer the question. It's just to preserve
6 the record for -- for later.
7 A. Okay.
S Q. Okay. Is there anything today that would
9 prevent you from answering truthfully or --
10 A. No.
11 Q. Okay. No. All right. That's -- that's fine.
12 Okay. So, Miss Avery, why don't you tell us what
13 this -- what this case is about?
14 A. My understanding --
15 MR. SWEETAPPLE: Object to the form.
16 THE WITNESS: Okay.
17 1 BY MR. O'BOYLE:
18 Q. Yeah.
19 MR. SWEETAPPLE: Calls for a legal
20 conclusion. Calls for a narrative.
21 THE WITNESS: It's regarding Brannon &
22 Gillespie and the public records and the Town of
23 Gulf Stream.
24 MR. O'BOYLE: Okay. Are you able to hear
25 this?
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KELLY AVERY VOLUME
CITIZENS AWARENESS VS. TOWN of GULF STREAM
May 18, 2016
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THE REPORTER: (Nods head).
BY MR. O'BOYLE:
Q. I'm sorry.
A. I'm sorry.
Q. Your voice is a little bit low.
A. Sorry.
Q. No, I'm not saying it -- that's fine. Okay. So
can you tell me anything more about what you know about
this case?
MR. SWEETAPPLE: Form.
THE WITNESS: That it's regarding -- from my
understanding, it's regarding the -- the cost of
an original deposit that was required for a
public records request.
THE REPORTER: Public record what?
THE WITNESS: Request.
THE REPORTER: Thank you. If you could keep
your voice up just a little bit.
THE WITNESS: I'll try. I'm sorry.
BY MR. O'BOYLE:
Q. Yeah. Okay. As long as you're able to -- yeah,
that's fine. Okay. So specifically do you know what
the request was for or what the charge was for?
A. The --
25 1 MR. SWEETAPPLE: Form. Compound.
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KELLY AVERY VOLUME I
CITIZENS AWARENESS VS. TOWN of GULF STREAM
May 18, 2016
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1 THE WITNESS: The request was for all
2 undergrounding records I believe that involved --
3 that were involving the undergrounding. Charts,
4 surveys, et cetera.
5 BY MR. O'BOYLE:
6 Q. Okay. Do you know when the request was made?
7 A. I believe it was February 17th. Somewhere in
8 that area. It was in February.
9 Q. Okay. And do you know what year that -- year
10 that was?
11 A. 2014.
12 Q. Okay. Pull this apart right here. Can I mark
13 this as Plaintiff's 1?
14 (Plaintiff's Exhibit No. 1 was marked for
15 identification.)
16 BY MR. O'BOYLE:
17 Q. And that's two pages. Do you recognize this
18 document right here? And it's a two-page document, so
19 I'm going to ask you the first page.
20 A. Okay. Yes.
21 Q. Okay. What is -- what is that document?
22 A. A public records request that came over I
23 believe on a fax.
24 Q. Okay. And the date of that request?
25 A. February 19th, 2014.
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KELLY AVERY VOLUME I
CITIZENS AWARENESS VS. TOWN of GULF STREAM
May 18, 2016
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1
Q.
Okay.
And do you recognize this as the request
2
that was
sent
to the Town of Gulf Stream?
3
A.
I believe
so, yes.
4
Q.
Okay.
Let me -- let me back up. When -- when
5
did you
first
start working for the Town of Gulf Stream?
6
A.
I started
working in October of 2011.
7
Q.
Okay.
So you would have been employed when
8 1 this
9
A.
I was employed, yes.
10
Q.
Okay. By the Town of Gulf Stream?
11
A.
Correct.
12
Q.
Okay. And let me -- let me ask what is -- what
13
was --
what is your role in the Town of Gulf Stream
14
since
-- can you bring me through October 2011 until I
15
guess
right now?
16
A.
When I first got hired, I was not hired on as
17
doing
this. I was hired on as an accountant slash
18
finance
-- assistant to the finance director.
19
Q.
And -- and who is the finance director?
20
A.
Bill Thrasher.
21
Q.
Okay. So this is October 2011?
22
A.
Correct.
23
Q.
Okay. And you just mentioned you're not doing
24
this.
What is this, --
25
A.
Anything --
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KELLY AVERY VOLUME I
CITIZENS AWARENESS VS. TOWN of GULF STREAM
May 18, 2016
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1
Q.
-- as far as the record?
2
A.
Anything with records. I wasn't doing
3
anything
with public records.
4
Q.
Okay.
5
THE REPORTER: One at a time, please. One
6
at a
time.
7
THE WITNESS: I'm sorry.
8
BY MR. O'BOYLE:
9
Q.
It's my fault as well. Okay. So -- so you
10
worked as an accountant for Mr. Thrasher. Then did your
11
position
change?
12
A.
Yes, when Freida left.
13
Q.
Okay. And Freida, for the record, who is
14
Freida?
15
A.
Freida was a previous employee that worked
16
there around the same time this request came in.
17
Q.
Okay. And -- okay. So -- so you inherited
18
Freida's
job?
19
MR. SWEETAPPLE: Form.
20
THE WITNESS: Kinda sorta. Jobs got
21
reorganized because of when she left I couldn't
22
handle
doing the things I was doing at the time
23
plus
doing records requests, so I took over
24
records requests and my other job duties went to
25
the
other person that got hired after Freida.
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KELLY AVERY VOLUME I
CITIZENS AWARENESS VS. TOWN of GULF STREAM
May 18, 2016
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BY MR. O'BOYLE:
Q. Okay. So -- so what was -- what was Freida's
job? I think that's -- that's just a little hole that
we have.
A. She did building permits. She helped out
with accounts payable and payroll -- well, at that
time it was payroll and then did public records
requests when that became -- we became inundated.
Q. Okay. You said the word inundated. What -- why
don't we -- why don't we come back to that. So -- so
Freida left and then I think you said your job or a
bunch of job descriptions changed. What generally
happened?
A. What I said before is I was doing the
accounting work and she was doing the building permits
and the records requests. When she left the -- I'm
sorry, the records requests and when she left I took
over the records requests and because that was a
heavy-duty job and very time-consuming, I could not do
that as well as the accounting function, so all those
duties went over to the new person that we hired at
the time.
Q. Okay. So who -- who is the new person?
A. Rebecca.
Q. Okay. So Rebecca had your old job?
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CITIZENS AWARENESS VS. TOWN of GULF STREAM
May 18, 2016
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1 A. Kinda sorta, yeah. Some of the duties from
2 that, yes.
3 Q. Okay.
4 A. She kept building permits and then all the
5 accounting went to her as well and utility billing.
6 Q. Okay. And -- okay. So then you were -- are you
7 the chief person involved with public records or -- or
8 maybe -- maybe I'll let you just continue your --
9 MR. SWEETAPPLE: Form.
10 THE WITNESS: I don't know if I would be
11 called the chief. The clerk is the main one
12 that's the records custodian. Everything goes
13 through her first. My job was to log them. Make
14 sure that they're getting answered and getting
15 the responses out.
16 BY MR. O'BOYLE:
17 Q. Okay. Did you -- did you -- okay. Have you
18 held that position since --
19 A. Since Freida left.
20 Q. Since Freida left, okay. And why did Freida
21 leave?
22 A. From what I understand from what she
23 mentioned, it was getting overbearing. The stress was
24 getting too much and she couldn't -- she felt for her
25 health she couldn't stay there.
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CITIZENS AWARENESS VS. TOWN of GULF STREAM
May 18, 2016
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1
Q.
Okay. When you say her -- her health, she
2
mention
anything about her health?
3
A.
No. No, she just said that she didn't want
4
to jeopardize her health.
5
Q.
Okay. So she did -- never complained of any --
6
A.
No.
7
Q.
-- pains or anything?
8
A.
No.
9
Q.
Okay. So do you -- are -- are -- are you
10 responsible for the content of the public records? And
11 if you don't understand that, just let me know.
12 A. What do you mean by content?
13 Q. Sure.
14 MR. SWEETAPPLE: Note my objection to form.
15 BY MR. O'BOYLE:
16 Q. When somebody makes a request and they ask for
17 specific records, are you the person that determines
18 which records are responsive?
19 A. No, I am not.
20 Q. Okay. So who is that person?
21 A. That could vary. It depends on what the
22 public records request is concerning. I'm the one
23 that -- it would be I -- if something came in, say
24 this one, if this was me that was doing it, I would
25 say, okay, that's utility. That would go to Rita or
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KELLY AVERY VOLUME I
CITIZENS AWARENESS VS. TOWN of GULF STREAM
May 18, 2016
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Bill or whoever was in charge of that project, that's
who it would go to and then they would tell me -- you
know, give me the documents and tell me what I would
do or maybe what direction to go.
Q. Okay. But -- but you did not have Freida's job
at the time when this request was submitted?
A. No, I did not.
Q. Okay. And just -- just for the record, about do
you remember what month, what year when Freida left?
A. May of 2014.
Q. May, okay. So just -- just to be clear, you
don't respond to or you do not decide which records are
responsive at any time?
A. No, I do not. If I know it's something
simple and I know where I can find it, like someone
says I need a contract for such and such, yeah, I -- I
fulfill that.
Q. Okay.
A. But if it's more in-depth and they say all
records related to, no, I do not.
Q. Okay. So are you -- are you the first person
that sees a request? And when I -- I want to be clear
here. That's sort of a -- are you the first person in
the line of intake?
A. It's the clerk is the first person. The
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KELLY AVERY VOLUME I
CITIZENS AWARENESS VS. TOWN of GULF STREAM
May 18, 2016
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1
clerk or
the -- whoever they go to.
2
Q.
Oh, okay. So let me -- let
me -- let me ask
3
this. So a records request comes in
--
4
A.
Um-hmm.
5
Q.
-- much like this one.
6
A.
Um-hmm.
7
Q.
What is the process? So it
comes in to
8
somebody,
I assume?
9
A.
Um-hmm.
10
Q.
And I'm sure it gets -- does
it get funneled
11
into one
particular person?
12
A.
Um-hmm, that would be me. Well,
it goes into
13
whoever and
then they send it and get
it to me and
14
then I take
it and I log it and that
starts the
15 I process.
16 Q. Okay. Are -- are you -- okay. Then who -- who
17 responds? And let me -- let me maybe make this a little
18 bit more clear so we're not being repetitive.
19 A. Okay.
20 Q. You log the requests. You -- you have some
21 ledger or --
22 A. Correct.
23 Q. -- something? Okay. And then you send it out
24 to either utility or to --
25 A. Whoever responds.
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KELLY AVERY VOLUME I
CITIZENS AWARENESS VS. TOWN of GULF STREAM
May 18, 2016
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Q. Whoever. And then do they come back to you with
that information?
A. Yes.
Q. And then do you log that? What was responsive?
A. No, I don't log it. What I do is I then scan
that information into the system. Each records
request has their own file on-line and so then I have
a template that I fill out. Give that link of where
that records request can be found and the responsive
records and that's it.
Q. Okay. So you -- you physically do the scanning?
A. Yes, I do.
Q. Okay. All right. So somebody will come to you.
You will scan. Then you're the person that puts them
on-line?
A. Correct.
Q. Okay. And has that -- has that function changed
since May 2014?
A. We weren't doing it at that time. We didn't
start scanning and putting everything on-line until I
want to say I'm guessing June or July of 2014.
Q. Okay. And I'm just -- just curious what -- the
scanning system, what was the rationale behind that?
MR. SWEETAPPLE: Don't -- don't disclose any
communications that you've had with any of the
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KELLY AVERY VOLUME I
CITIZENS AWARENESS VS. TOWN of GULF STREAM
May 18, 2016
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Town's attorneys.
THE WITNESS: Okay.
MR. SWEETAPPLE: That's required. Otherwise
answer the question.
THE WITNESS: Can you repeat one more time?
BY MR. O'BOYLE:
Q. Sure. The -- the decision to start scanning
records and putting them on-line, what was the rationale
behind that?
A. Easier access for the client.
Q. The client?
A. I say client. Whoever the requestor.
Q. Okay.
A. I probably shouldn't say client, but the
requestor.
Q. All right.
A. Plus it's cheaper.
Q. Oh, how so?
A. Copies. I don't have to charge anything for
copies and that's a large savings.
Q. Okay. So who determines the -- I'm sorry. Do
you know what a special service charge is?
A. Um-hmm.
Q. Okay. Under the Public Records Act. I don't
want to assume.
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KELLY AVERY VOLUME I
CITIZENS AWARENESS VS. TOWN of GULF STREAM
May 18, 2016
20
1 A. Um-hmm.
2 Q. So who determines the charges if there's a
3 special service charge assessed?
4 MR. SWEETAPPLE: Form.
5 THE WITNESS: It varies. I mean if it's
6 something basically within our town that we can
7 fulfill the records, then we use the lowest paid
8 person's salary that is physically able to do
9 records. So we take the lowest paid one, use
10 that rate no matter who has -- who supplies me
11 with the records.
1y1 ➢ I9yaaM9
13
Q.
Sure.
14
A.
Take their rate times however long that
15
person
that's going to do the records tells me it's
16
going
to take.
17
Q.
Okay. And is there some -- I'll let you tell
18
me. There's something about a 15 -minute waiver?
19
A.
Yes. We usually give 15 minutes per day per
20
requestor
15 minutes free.
21
Q.
Okay. Now, you mentioned before the word
22
inundated.
23
A.
Um-hmm.
24
Q.
What -- what did you mean by that?
25
A.
When you get 20 to 30 requests within a day
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KELLY AVERY VOLUME I
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1 and you're expected by State law to get them out
2 within so many days and you only have limited staff
3 being able to do it, it gets difficult, you know. And
4 when it's a constant 20 to 30 every single day or --
5 or more, you know, it's overwhelming, you know, and
6 it's hard for a person to keep up.
7 Q. Okay. So the inundation means volume?
8 A. Correct.
9 Q. Just the sheer number of --
10 A. Volume and the complexity of some of the
11 1 requests
12 Q. Okay. And when you -- when you say complexity,
13 can you tell me a little bit more about what you mean?
14 A. When you -- I'm trying to think of an
15 example. When it's a compound records request, I want
16 this plus this plus this, you know, and it's several
17 different things along one item -- I mean if you get
18 one item saying I just need a contract for this, easy.
19 Get it out. No problems.
20 When you say I want this plus this plus this
21 for the amount of ten years, that's a little complex
22 when you're dealing with a town that for the past
23 umpteen years has everything on paper and not digital,
24 so it's harder to find and takes more time.
25 Q. Right. Okay. And when -- when you get a
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1 complex -- well, let me ask this. Is the request under
2 Plaintiff's Exhibit 1, is that complex?
3 MR. SWEETAPPLE: Objection. Calls for an
4 opinion. Form. Also no foundation. She wasn't
5 involved in this.
6 THE WITNESS: I don't know. I really don't
7 know. It would depend where everything's at.
�f �•�u1.�iL Ti)•f�i�
9 Q. Okay. So how -- how would we find out if this
10 was a complex request?
11 MR. SWEETAPPLE: Form. Speculation.
12 Opinion.
13 THE WITNESS: I really don't -- ask the
14 person that would be responsible for those
15 records at that time.
16 BY MR. O'BOYLE:
17
Q.
So you -- you don't know when requests are
18
complex
until you follow up?
19
A.
No, I don't mean that.
I mean --
20
Q.
Okay.
21
A.
-- it's -- if it involves
several different
22
items
that are not easily read
-- readily available,
23
then I
basically kinda consider
it complex. Not
24
saying
it's not something that
could be quickly found,
25
but it's
more than just a quick
grab and go. I would
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1 consider that more complex, but I guess when you're
2 adding several years, several variables within a
3 records request, it can get more complex.
4 Q. Okay. So is -- is this request, Exhibit --
5 Plaintiff's Exhibit 1, --
6 A. Um-hmm.
7 Q. -- is -- is that complex in your mind?
8 MR. SWEETAPPLE: Objection. Opinion. Form.
9 Predicate.
10 THE WITNESS: I don't -- I mean in my
11 opinion I would say it would take quite a while.
12 BY MR. O'BOYLE:
13 Q. Okay. But --
14 A. I -- I can't say it's complex because I don't
15 know myself personally where those records are. I
16 don't know how long it would take, what all is
17 involved in everything, so I couldn't tell you on
18 that. If I -- to me I wouldn't say it's majorly
19 complex, but I don't know what's involved in it. I
20 don't deal with the utility undergrounding, so I don't
21 know.
22 Q. Okay. That's --
23 A. I have no clue.
24 Q. But you -- you -- well, let me ask this. How
25 many -- how many records requests have you dealt with?
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KELLY AVERY VOLUME I May 18, 2016
CITIZENS AWARENESS VS. TOWN of GULF STREAM 24
A. Since I've been on in May?
Q. Or --
A. Ever?
Q. Well, yeah, why don't we go with ever, but if
A. I can't say.
Q. -- it's from another town --
A. Yeah, I would say for -- I've been in umpteen
different places, so I can't say.
Q. Okay. So you worked for other towns before?
A. Um-hmm.
Q. Which towns?
A. I worked -- here in Florida I worked for the
Town of Lake Park and then I worked in other towns in
other states. Do you want those, too?
Q. No, just the Florida ones. That's fine. So --
okay. So it's just Lake Park then?
A. Um-hmm.
Q. Okay. And Lake -- Lake Park did you deal with
records requests there?
A. Very minimally. It was a different -- I mean
we had them come in, but it wasn't on the level that
it is at Gulf Stream.
Q. Okay. And by like a little bit? By a lot?
A. By a lot.
Q. Okay. And when you -- when you quantify --
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KELLY AVERY VOLUME
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well, let me -- let me ask this. Is there any way that
you can quantify the difference of what you saw in Lake
Park and quantify --
A. I would say in the -- just the few months
that I was at Lake Park I can tell you I honestly
dealt with maybe ten.
Q. Okay. And were you the custodian?
A. No, I was not.
Q. Okay. So you -- you were just part of the staff
that --
A.
Yeah,
I was the deputy
clerk.
Q.
Okay.
So did you see
all the records
requests?
A. I saw them come in and then we shot them out
to the departments and they were in charge of
responding back to me.
Q. Okay. So back to -- to -- to inundation and
complexity. When a complex records request comes in or
an inundation happens, what is the -- what is the
operate -- what is the operating procedure that is -- is
followed by the Town of Gulf Stream?
MR. SWEETAPPLE: Object to the form. When
are you referring to, Mr. O'Boyle?
MR. O'BOYLE: Within her personal knowledge.
MR. SWEETAPPLE: No, what time period?
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CITIZENS AWARENESS VS. TOWN of GULF STREAM
1 1 BY MR. O'BOYLE:
May 18, 2016
26
2 Q. If it -- if it's changed at all, you can let me
3 know that it changed.
4 MR. SWEETAPPLE: Well, you -- she's been
5 since 'll to now, so do you want to know what it
6 was like then --
7 MR. O'BOYLE: Are you --
8 MR. SWEETAPPLE: -- or what it is now?
9 MR. O'BOYLE: I'm sorry, Mr. Sweetapple.
10 This is not -- no, no.
11 MR. SWEETAPPLE: Object to the form.
12 Predicate. No time period provided.
13 BY MR. O'BOYLE:
14 Q. Okay. So why don't you tell me about the public
15 records policy in the Town of Gulf Stream and if it's
16 changed and how it's changed just generally --
17 MR. SWEETAPPLE: Form.
19 Q. -- from your time that you've been there.
20 MR. SWEETAPPLE: Form. Outside the scope of
21 her notice, which was with regard to affirmative
22 defenses. Go ahead. You can answer as best you
23 know.
24 THE WITNESS: We've only had the policy
25 since 2014 and then the only update we've made to
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KELLY AVERY VOLUME
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it is we changed a few processes that we found
were easier and better for all in the past year
and we changed that last year in October.
BY MR. O'BOYLE:
Q. Okay. And so you mentioned the -- the policy in
2014?
A. Um-hmm.
Q. What -- what is the policy? What was the policy
I guess before 2014 and what was the policy in 2014?
MR. SWEETAPPLE: Form.
THE WITNESS: Before the policy in 2014 we
didn't really have a policy. It was records
request came in, the clerk answered it and that
was it. I don't know what her policy was because
I've never seen when she did those. We had very
few.
BY MR. O'BOYLE:
Q. And that would be Clerk Taylor?
A. Yes.
Q. Okay. Is she the only person that would know
the policy --
MR. SWEETAPPLE: Form. Speculation.
BY MR. O'BOYLE:
Q. -- prior to 2014?
A. She's the only one that did public records
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KELLY AVERY VOLUME I
CITIZENS AWARENESS VS. TOWN of GULF STREAM
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1
requests prior to the inundation, yes.
2
Q.
Okay.
3
THE REPORTER: Would you take your hand
4
away,
please?
5
THE WITNESS: I'm sorry.
6
THE REPORTER: Thank you.
7
THE WITNESS: I'm sorry.
8
BY MR.
O'BOYLE:
9
Q.
Yeah.
10
A.
I'm sorry.
11
Q.
Okay. And you said prior to the inundation.
12
When --
when did that inundation start?
13
A.
The first wave of it was in the beginning of
14
2013.
15
Q.
Okay. And when you say the first wave, how many
16
waves
are there?
17
MR. SWEETAPPLE: Form.
18
THE WITNESS: I don't know. That was just
19
my
own wording.
20
BY MR.
O'BOYLE:
21
Q.
No, that's --
22
A.
I'm sorry.
23
Q.
That's fine. Your understanding is -- is what
24
we're
here for.
25
A.
Before -- and this is all before I started
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KELLY AVERY VOLUME I
CITIZENS AWARENESS VS. TOWN of GULF STREAM
May 18, 2016
29
doing it. In 2013 Mr. O'Boyle sent several within one
day over a fax machine and then we had several before
they ended up settling and then there was a lull. We
didn't get any. And then it started back up towards
the end of 2013 with Mr. O'Hare and then that's when
we started getting inundated again.
Q. Okay. Is there another wave after the end of
2013?
A. What do you mean after 2013?
Q. Okay. So -- so --
A. It was the beginning of 2013 and then a few
months of nothing and then toward the end of 2013
there was another one.
Q. Okay. The few -- the few months of -- of
nothing do you remember about what months those were?
A. No, I don't.
Q. Okay.
A. Not right offhand. I'd -- I'd have to look.
Q. Okay. So -- so you have calendars or some
documents that --
A. It was right after the settlement until I
would say -- and I'm just guessing. It's from the
settlement until around late July, early August of
2013.
Q. That's when --
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KELLY AVERY VOLUME I
CITIZENS AWARENESS VS. TOWN of GULF STREAM
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A. That's my guess -- best guess.
Q. Is that -- is that when the wave -- wave, end of
2013?
A. Um-hmm.
Q. Okay. And you mentioned a fax machine?
A. Um-hmm.
Q. Is -- is there something -- is that -- is that
significant?
A. Yeah, because it tied up our fax machine the
whole entire day.
Q. And which -- which day was -- was this?
A. I don't remember the exact date, but it was a
workday.
Q. Okay.
A. I don't remember the date. It just -- it
monopolized our -- and it was -- we have a fax machine
slash copier slash scanner all in one. We couldn't do
anything.
Q. Okay. And -- and so when did -- was this -- was
this part of the first wave?
A. Yes.
Q. Okay. So this was a first wave and the fax
machine was monop -- you said monopolized?
A. Um-hmm.
Q. Where'd you hear that word?
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KELLY AVERY VOLUME I
CITIZENS AWARENESS VS. TOWN of GULF STREAM
A. In school. I mean --
Q. I mean in terms --
A. Yeah.
May 18, 2016
31
Q. In relationship to a fax machine.
A. How do I -- I don't know. It just -- it did.
I mean it took over the entire -- we couldn't do
anything. I couldn't make copies. I couldn't do
anything. It monopolized the fax -- the whole system
the entire day.
Q. Okay. Did you happen to read the word
monopolized anywhere?
A. I possibly could have. I don't know.
Q. Okay. Is it -- did you read it in -- in any
documents that related to this case?
A. I don't -- if I did I don't recall.
Q. Okay.
A. I don't know. I know that's my word for it.
Q. Okay. So -- okay. So -- so you picked up the
phone then and -- and you called the requestor; right?
A. No.
Q. Oh, why not?
A. I didn't.
Q. Okay.
A. I don't know if Rita did. I have no clue. I
had no involvement in any of that.
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KELLY AVERY VOLUME I
CITIZENS AWARENESS VS. TOWN of GULF STREAM
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1 Q. Okay. Oh, you were -- you were -- I'm sorry.
2 You were doing --
3 A. Accounting.
4 Q. -- accounting at that time, right. Okay. So we
5 were -- we were back to the -- the -- the second wave
6 and I just want to confirm that there's no third or
7 fourth wave.
8 A. It's been a constant.
9 MR. SWEETAPPLE: Object to the form.
10 THE WITNESS: It's been a constant to me.
11 1 BY MR. O'BOYLE:
12 Q. Okay. So when you are in charge of -- of
13 logging -- or I'm sorry. When you have a request and
14 you go and you log it, okay, is anybody responsible for
15 following up -- or I'm sorry, who's responsible for
16 following up with the requestor?
17 A. I am.
18 Q. Okay. So when you receive a complex request,
19 what steps do you take to follow up with the requester?
20 A. Once I receive it and I log it then we do an
21 intake and basically then I wait until I hear
22 something. If I get a partial and I can send that,
23 I'll try to do that. If I get a quote from whoever is
24 providing me the records, then I send a quote.
25 Either -- I'll either do it as an intake --
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KELLY AVERY VOLUME I
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1 you know, if they tell me right offhand, oh, that's
2 going to take me such and such to, you know, do, then
3 I'll send that as my intake letter. If they say,
4 well, let me look and see how long it's going to take
5 me, then I'll just send it in. No more intake. Then
6 I follow up once they give me the records and I either
7 respond with my response or I tell them a quote to
8 whatever it may be that I have to do.
9 Q. So do you -- okay. So have you ever -- while
10 you're logging these requests since May of 2014, you've
11 come across complex requests?
12 A. Yes.
13 Q. Okay. And are -- so you're the person
14 responsible for seeking clarification?
15 A. At times I do, yes. Sometimes when I hand a
16 request to whoever needs to, you know, fill it, then
17 they'll ask me to say can you ask them to clarify.
18 You know, sometimes I don't even know what they're
19 asking, so I'll ask them to clarify, so it depends.
20 It could be a joint thing.
21 Q. Okay. A joint -- a joint thing between you and
22 the content provider I'll call them?
23 A. Correct, yeah.
24 Q. Okay. So is -- is the procedure that when
25 something is complex or not clear, you follow up with
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KELLY AVERY VOLUME I May 18, 2016
CITIZENS AWARENESS VS. TOWN of GULF STREAM 34
the requestor?
A. Exactly.
Q. Okay. You had all -- also mentioned just sort
of sheer volume. When you get a lot of requests coming
in, is there a policy or procedure to contact the
requestor and re -ask them what they're -- what they're
looking for?
A. Say that one more time.
Q. Sure, sure, sure. So there's a lot of requests
coming in. I'm just talking about volume.
A. Um-hmm.
Q. Not complexity. What is the policy, if any, to
contact the requestor and say, you know, you're looking
for something? What you look -- what -- is there any
way I can help? What are you looking for?
A. If you're just looking at volume, then not
really. If I understand the request, then I'm not
going to contact them and ask for clarification. If I
don't understand it, yeah, I will, but that is going
to be done regardless if I have volume or a sporadic
one.
Q. Right, right, right. I -- I just -- and maybe
I'm -- this is a little bit more nuance, but I was
looking at a lot of requests are coming in.
A. Um-hmm.
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KELLY AVERY VOLUME I
CITIZENS AWARENESS VS. TOWN of GULF STREAM
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35
Q. Somebody's looking for information.
A. Um-hmm.
Q. Pick -- does anybody pick up the phone and say
what are you -- what are you looking for?
MR. SWEETAPPLE: Object to form.
THE WITNESS: I usually don't communicate
via phone.
BY MR. O'BOYLE:
Q. Okay.
A. Most of the time it's via email letter.
Q. Okay. So -- so when you say most the time,
have you ever called a requestor to seek clarification
or to --
A. No.
Q. -- to seek what it is they're looking for?
A. No.
Q. Do you have any knowledge of anyone in the Town
ever follow-up calling the requestor?
A. I don't have any knowledge of anybody doing
that.
Q. Okay. And are you -- would -- would you have
knowledge?
MR. SWEETAPPLE: Form.
THE WITNESS: I might. I don't think it's
ever happened that they've called somebody. I --
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KELLY AVERY VOLUME I
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1 I -- I really don't think so.
2 BY MR. O'BOYLE:
3 Q. Okay. And -- and how many people are involved
4 in public records? And I'm going to use it broadly to
5 say intake, content all the way through to --
6 A. It varies on the --
d
13
14
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21
22
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24
25
MR.
SWEETAPPLE:
Form.
THE
WITNESS: --
request.
MR.
SWEETAPPLE:
Time.
THE WITNESS: It varies on the request.
BY MR. O'BOYLE:
Q. Okay. So what is the maximum number of people
that would be involved?
MR. SWEETAPPLE: Form.
THE WITNESS: It's hard to say. It varies
on the request. I mean when I get someone that
says -- the Town includes all of our attorneys
and their employees and -- and all that. That
could be, you know, whoever. You know, that
could be an umpteen number. I have no clue.
When you're just talking about the Town, I mean
we have 18 employees. I don't -- I mean that --
it could be as little as that.
BY MR. O'BOYLE:
Q. Okay. That's -- that -- that's fair. Maybe my
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KELLY AVERY VOLUME I
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1 question wasn't as artful. Of the 18 employees does
2
that in
-- does that include police -- the police --
3
police force?
4
A.
Um-hmm, yes.
5
Q.
So how many are police?
6
A.
We have six. Wait. Sorry. We have 18, so
7
that would be 14.
8
Q.
Okay. And public works?
9
A.
Two.
10
Q.
Two. So --
11
A.
I'm sorry. It'd be 12. Two in public works.
12
I forgot
about those guys.
13
Q.
Okay. So 14 would be police and --
14
A.
Everybody, yeah.
15
Q.
-- police and public works?
16
A.
Sorry.
17
Q.
Is that correct?
18
A.
Yes. It's 12 is police, two is public works
19
and four
is Town Hall.
20
Q.
Okay. And the four Town Hall, I'm going to try
21
to expedite this, Mr. William Thrasher, Miss -- Ms. Rita
22 1 Taylor?
23 A. Correct.
24 Q. Yourself and Rebecca?
25 A. Correct.
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KELLY AVERY VOLUME
CITIZENS AWARENESS VS. TOWN of GULF STREAM
Q. And there's no other person?
MR. SWEETAPPLE: Form. Current?
May 18, 2016
38
BY MR.
O'BOYLE:
Q.
Well, why don't -- why don't you tell me.
Has
there been any other person?
A.
We have a temporary worker that is there
and
that's
been a different person.
Q.
Okay.
A.
Different times.
Q.
All right. So -- so who -- who are the --
the
tempor
-- temporary workers that you know of from
your
time being at the Town?
A.
We had one. I can't remember her name.
She
lasted
just a couple months. I'm sorry. I can't
remember her name.
Q.
No problem. So it's a woman?
A.
It was -- yes, it's a lady. They've all
been
women.
I can't remember her name. And then there
was
Carol.
She was there the longest. And then we had
two that only lasted a couple days. They didn't
really
work out. And then we had Yadira who's
currently there.
Q. I'm sorry. How -- what -- what is that name?
A. Yadira, Y -A -D -I -R -A.
Q. So the -- the -- I'm assuming, was this in
%
KELLY AVERY VOLUME I
CITIZENS AWARENESS VS. TOWN of GULF STREAM
1 chronological order?
May 18, 2016
39
2 A. Yes.
3 Q. Okay. So the -- the first lady, and I
4 understand you don't remember her name, but do -- do you
5 remember about what time frame?
6 A. I believe it was early 2014.
7 Q. Okay. And was -- what was the temporary -- or
8 what was -- what was her tasks, if you can recall?
9 A. And it's remained the same. Basically
10 they're helping me. We got 91 years' worth of Town
11 business. We're trying to get them on-line for
12 everybody's access. So her main job is to get -- scan
13 items. I have her stop when I have a public records
14 request that someone's given me and it's this big, you
15 know, worth the documents. She scans it in for me so
16 I can hurry up and move on and get the request out.
17 But she's, you know, putting on from building plans,
18 building permits, ordinances, resolutions, minutes.
19 You know, that's her main job.
20 Q. Okay. And -- and when you said -- and I don't
21 want to put words in your mouth, so correct me if I'm
22 wrong, but this temporary position has sort of stayed
23 the same throughout the years?
24 A. Correct.
25 Q. And again you tell me if I'm incorrect, but it
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KELLY AVERY VOLUME I May 18, 2016
CITIZENS AWARENESS VS. TOWN of GULF STREAM 40
is an assistance position or a sort of records archiving
on-line, building permits, everything?
A. Yes, it's everything. We're just trying to
make it easier and more access to be on-line.
Q. Okay. Now, you mentioned a policy in 2014?
A. Um-hmm.
Q. What was or what is this -- this -- this policy
in 2014?
A. The public records policy.
Q. And is that -- well, what does that entail?
A. Just basically how we handle a records
request when it comes in. What my requirements are
according to the State. When I'm supposed to get out.
How we're going to handle it as a town. My -- my job
duties are at the end of the fiscal year when I'm
doing an annual report is basically to keep people
updated.
Q. And the policy is it a -- is it a -- you're
making it sound like it's a written document?
A. Correct.
Q. Okay. So it's entirely encapsulated within a
writing?
A. Yes.
Q. I was going to say if you didn't understand
that, I -- I can rephrase that.
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KELLY AVERY VOLUME
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A. No, it's on-line and it's available for
everybody to see.
Q. Okay. So the -- so that -- so any policy
outside -- that is not contained within that document
does not exist?
MR. SWEETAPPLE: Form.
THE WITNESS: I can't say that. I don't
know. I'm not the one that holds all the
policies. As far as I know, we have everything
on-line, but I personally am not aware of
anything else being outside of that, but I don't
know.
BY MR. O'BOYLE:
Q. Okay. And what I was asking is, is there any
sort of unwritten policy that has to do with intake that
has to -- something you deal with on a --
A. No.
MR. SWEETAPPLE: Form. Scope.
THE WITNESS: I deal with the policy how we
set it up. There's procedures. I mean
procedures are not written, but policy is.
BY MR. O'BOYLE:
Q. Okay. What -- what procedures exist then? And
I guess that are written, unwritten?
A. There's not really --
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KELLY AVERY VOLUME I
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Q. If they're written, that you can direct me to.
A. I mean basically it's just an -- and actually
I believe the procedures are within the policy. I
think they actually put those in. It's been a while
since I looked at it. Just basically step by step on
how I respond to intake. You know, logging intake.
You know, responding and all that. It's just
basically how we do it per the day, you know, when one
comes in.
Q. Okay. And has -- has there been any policy
changes since this document in 2014?
A. Just the one last year, but it wasn't
anything significant. It was more we made a change in
procedure and that's why I think I'm sure that was in
there. It was just a procedure change that we changed
in the -- within the policy.
Q. Okay. And then --
A. And it wasn't anything major.
Q. And then what -- what was, if you can recall --
A. I think we eliminated an extra step that when
we first -- when they first were doing public records,
they had a step in there they were doing and, to tell
you the truth, I can't remember what it was, but I
know it was a step that I was not doing and we agreed
to take it out, so it was just elimination of a step
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1 that we didn't do.
2 Q. Okay. And just I have here in my notes, the fax
3 machine issue, that was prior to a settlement?
4 A. Correct.
5 Q. Okay. Okay. Was that the only issue with the
6 fax machine?
7 A. Yes.
8 Q. Okay. So let me ask this. Can we mark this as
9 Exhibit -- Plaintiff's Exhibit 2?
10 (Plaintiff's Exhibit No. 2 was marked for
11 identification.)
12 I BY MR. O'BOYLE:
13 Q. Okay. This is a one-page document.
14 A. Um-hmm.
15 Q. Do you recognize this document?
16 MR. SWEETAPPLE: You don't have a copy for
17 me? I'll look at hers first, but you should show
18 it to me first and then the witness or provide me
19 with a copy under the rule. Thank you.
20 THE WITNESS: I recall seeing it, yes.
21 BY MR. O'BOYLE:
22 Q. Okay. Anything you, for the record, tell the --
23 well, can you tell the record what this is?
24 A. This would be a response letter that was
25 written in response to the original records request
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1 basically giving a quote of how much it would cost in
2 order to produce the records that were requested.
3 Q. Okay. And is that quote $195 an hour?
4 MR. SWEETAPPLE: Form. Best evidence.
5 THE WITNESS: That's what it says in there.
6 BY MR. O'BOYLE:
7 Q. Okay. And does that number represent the lowest
8 paid employee in the Town of Gulf Stream?
9 A. No. That's a Brannon & Gillespie quote.
10 Q. Okay. And do you have any knowledge about this
11 195 an hour?
12 A. Just that was the quote that was provided
13 when Freida had asked them for a quote.
14 Q. Okay. So the -- the records contained -- or I'm
15 sorry, the responsive records, are there any that can be
16 produced by the Town of Gulf Stream?
17 MR. SWEETAPPLE: Form.
18 THE WITNESS: I'm sure we have some. I was
19 not involved in this, but I'm sure when she did
20 this, she probably thought that you wanted the
21 ones that Danny had because he would have had all
22 of them, but I can't say. It was not me
23 involved, so at that time they probably did.
24 I believe we later on gave a quote that was
25 just for Town's time, just what we had, but this
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1 one in particular was everything he had because
2 he had everything that was involved in it, not
3 just -- we don't have everything that he would
4 have.
5 BY MR. O'BOYLE:
6 Q. But you have some things?
7 MR. SWEETAPPLE: Form.
8 THE WITNESS: Some things, yes.
9 BY MR. O'BOYLE:
10 Q. Okay. So, and -- and here's what I wanted to
11 ask, which was if $3,510 were paid today, what would --
12 what would be the next step?
13 MR. SWEETAPPLE: Form. Speculation.
14 THE WITNESS: In a normal circumstance when
15 I send a quote out for something and the person
16 pays, then I notify the person that holds those
17 records that they need to start producing and
18 keeping track of time.
19 And then once I receive the documents I ask
20 them how much time they spent and if they sent
21 the full amount, then I just accept that money
22 and go email. Give the responder -- or requestee
23 their documents and be done with it. If it's
24 less, then we calculate how much less and we
25 issue a check back for the difference.
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BY MR. O'BOYLE:
Q. Okay. And -- okay. So -- so who would know,
and if it's you you can tell me, which documents the
Town would have that are responsive to this request?
A. I would have no clue.
Q. Okay.
A. I would have no clue what they have. We have
so many drawings and stuff from all over the place.
We have no major storage. It's just all there, so I
couldn't tell you.
Q. Okay. Do you know who would be able to with
with specificity?
A. Rita and Bill might.
Q. Okay.
A. It would -- it would be a matter they
probably have to look through everything. I mean they
probably wouldn't be able to tell you everything right
off the top of their head, but I'm sure if asked they
could probably look.
Q. Okay. So what is -- what is the -- the lowest
paid employee? What is -- what is their salary?
A. Now?
Q. Yeah. How about this. To the extent that --
well, why don't we start with now and then I'll ask you
if you know over a period of time let's say dating back
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2 A. Okay.
3 Q. But to the best of your knowledge, what you can
4 remember.
5 A. Right now it's Rebecca.
6 Q. Okay. And what is Rebecca's salary? Do you
7 know?
8
A.
I do not know.
9
Q.
Okay. The temporary workers what -- do you know
10
what their salaries are?
11
A.
I don't. I know we get a contract or we get
12
a price
that Apple One sends us for their time, but I
13
don't know what that is right offhand.
14
Q.
I'm sorry. You said a price that who?
15
A.
Apple One because it's a temporary worker.
16
Q.
And Apple One, what is Apple One?
17
A.
They are a temporary agency.
18
Q.
Oh, okay. So those are -- those are done by
19
written
contracts?
20
A.
I believe so, yes.
21
Q.
Okay. And is there anybody in the Town that's
22
physically incapable of responding to this request?
23
MR. SWEETAPPLE: Form.
24
THE WITNESS: I don't know if anybody is
25
physically unable.
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KELLY AVERY VOLUME I
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BY MR. O'BOYLE:
Q. I mean I would assume not, but I --
MR. SWEETAPPLE: Form.
May 18, 2016
48
BY MR. O'BOYLE:
Q. -- you know, I don't -- okay. What -- I'm
sorry. Let me back up. Dannon, Dannon -- Mr. Brannon,
Brannon & Gillespie, do you know about how large that
firm is?
A. I have not a clue.
Q. Okay. Have you ever communicated with anybody
from that firm?
A. I've called once. A lady answered the phone
and I talked to Danny.
Q. Okay. Yeah, that's --
A. I -- that's all I've ever done. I don't --
THE REPORTER: Danny?
THE WITNESS:
THE REPORTER
THE WITNESS:
so I don't know.
remember.
BY MR. O'BOYLE:
Danny.
Thank you.
I don't call there that often,
From what I recall that's all I
Q. Sure, sure. So we -- we talked about Rebecca
and was Rebecca brought in in May 2014?
A. No, she was not.
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1 Q. When -- when was Rebecca --
2 A. I take that back. She was -- came in as a
3 temp maybe it was around May. It was somewhere around
4 May because it was right around when Freida left.
5 Q. Okay.
6 A. And then we hired her after her contract was
7 up. We hired her on full-time.
8 Q. So after Freida's contract was up?
9 A. After Rebecca's contract was up because we
10 hired her from the temp agency.
11 Q. Okay. So just to be clear, Freida did not have
12 a contract?
13 A. No.
14 Q. Okay. So you have knowledge about these
15 affirmative -- the -- I'm sorry. Let me back up. Do
16 you know what affirmative defenses are?
17 MR. SWEETAPPLE: If you're going to move to
18 a new topic, why don't we go ahead and take a
19 break, if you don't mind, for the restroom.
20 THE WITNESS: That would be great.
21 MR. O'BOYLE: Yeah, yeah, absolutely. Yeah,
22 absolutely. Absolutely, yes.
23 MR. SWEETAPPLE: Five minutes, three
24 minutes, whatever.
25 (A break was taken.)
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BY MR. O'BOYLE:
Q. Okay. Before we move on to affirmative defenses
I wanted to ask who -- who's responsible for the
estimates and, two, how --
MR. SWEETAPPLE: One question at a time,
please. Form. Which estimates?
BY MR. O'BOYLE:
Q. Okay. Who is responsible for providing
estimates under 119.07(4)(d) from the Town of Gulf
Stream within your personal knowledge?
MR. SWEETAPPLE: Form. Legal conclusion.
Predicate.
THE WITNESS: Can I?
MR. SWEETAPPLE: As best you can.
THE WITNESS: Okay.
MR. SWEETAPPLE: As best you can.
THE WITNESS: It -- it all depends on the
type of -- not type, what they're asking for. If
it -- in this instance she obviously went to
Danny, so we used his hours because when we have
to go to an outside agency, we have to use their
hourly rate.
When it's something within our Town, if it's
someone within our Town and I ask them how long
is it going to take you, I use the hours they
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KELLY AVERY VOLUME I
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tell me how long it's going to take me -- or take
them and I use the lowest paid rate.
BY MR. O'BOYLE:
Q. Okay. And the -- the -- so the estimates are a
best guess?
A. Correct.
MR. SWEETAPPLE: Form.
THE WITNESS: An estimate.
Q. Okay. And you mentioned being outside of the
Town. Is -- what is the relationship, do you
understand, with Brannon & Gillespie and the Town of
Gulf Stream?
A. He's the Town engineer.
Q. Okay. Is he appointed as the Town engineer?
A. I honestly don't know how that works. I
don't know if he's appointed or hired or whatever it
may be. I don't know. I know when I started working
there he was already there, so I don't know.
Q. Okay. So back -- back to affirmative defenses.
Have -- have you ever heard that term before?
A. I've heard it, but I'm not quite sure what it
means.
Q. Okay. What -- what is -- let me ask this
because maybe we can -- we can start from here. What is
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KELLY AVERY VOLUME
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your understanding of what affirmative defense means?
A. I guess I could say I really don't have any
real knowledge. I've heard the words. I don't really
know.
Q. Okay. And -- but you're here on behalf of the
Town of Gulf Stream to answer some questions about
affirmative defenses?
A. Yes.
Q. Okay. All right. So what are the affirmative
defenses the Town is claiming entitlement to?
MR. SWEETAPPLE: Object to the form.
Pleadings -- the pleadings speak for themselves.
You can show her the document.
BY MR. O'BOYLE:
Q. So what are the affirmative defenses the Town's
claiming in this action?
MR. SWEETAPPLE: Object to the form.
BY MR. O'BOYLE:
Q. You don't know?
A. I don't know.
Q. Okay. Did you ever know?
MR. SWEETAPPLE: Object to the form.
THE WITNESS: First of all, if you could
explain to me what affirmative -- affirmative
defense means, --
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KELLY AVERY VOLUME I May 18, 2016
CITIZENS AWARENESS VS. TOWN of GULF STREAM 53
BY MR. O'BOYLE:
Q. Okay.
A. -- then I might be able to help you.
Q. Yeah, sure. They're -- they are pleadings that
the Town has filed in this action.
A. Okay.
Q. They are statements of facts
A. Okay.
Q. -- that have I guess legal consequence.
A. Okay.
Q. Okay. So let me -- let me back up here. You
are -- you're here on (sic) the Town to discuss
affirmative defenses and nobody told you what
affirmative defenses you're here to discuss?
MR. SWEETAPPLE: Object to the form.
Don't -- don't disclose any communications you've
had with any counsel. She's here to testify to
any facts you want to ask regarding the
affirmative defenses.
MR. O'BOYLE: Okay.
MR. SWEETAPPLE: She's not a lawyer.
BY MR. O'BOYLE:
Q. I understand. I understand and I'm -- I'm not
here to beat you up on that. I just -- I'm a little bit
taken aback.
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CITIZENS AWARENESS VS. TOWN of GULF STREAM 54
1 MR. SWEETAPPLE: Why is that?
2 BY MR. O'BOYLE:
3 Q. So is it your understanding that the Town is
4 asserting a lack of standing defense?
5 A. Lack of standing, what do you mean?
6 Q. Okay. That -- well, how about this. Can I
7 label this Exhibit 3, Plaintiff's Exhibit 3? And this
8 is Defendant's Motion For Leave to File Affirmative
9 Defenses. I just want to make sure I have no markings
10 on it. No.
11 (Plaintiff's Exhibit No. 3 was marked for
12 identification.)
13 MR. O'BOYLE: Okay. I've given this to Mr.
14 Sweetapple.
15 MR. SWEETAPPLE: Thank you. Can I show her
16 this? This page? Is that what you want to ask
17 her about?
18 MR. O'BOYLE: I'm going to ask her about the
19 whole thing.
20 MR. SWEETAPPLE: Okay. The motion?
21 MR. O'BOYLE: Sure.
22 MR. SWEETAPPLE: Okay.
23 BY MR. O'BOYLE:
24 Q. Have you ever seen that document before, Miss
25 Avery?
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A. I -- I see so many. I don't remember right
offhand if I've seen this one in particular.
MR. SWEETAPPLE: You can take your time to
read it.
THE WITNESS: Okay.
BY MR. O'BOYLE:
Q. Yeah, absolutely. Is -- is this the first time
you've seen this document?
A. The first time I read it. I -- I don't --
these come in. I'm not the one that deals with them
all the time, so I -- I may have seen it, but to read
it completely, no. This is the first time I've read
it completely, yes.
Q. Okay. So let me ask this. What did you do to
prepare for this deposition?
A. I just looked over the records request that
came in and just decided, you know, I answer to the
best of my ability.
Q. Okay. The records requests that came in what --
which -- which records requests are those?
A. This one.
Q. Oh, okay. Okay. Are you currently responsible
for this records request be -- being that Freida left?
A. What do you mean responsible?
Q. Sure, sure. If the amount requested, which I
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1 think is around $3,500, if that were paid tomorrow, who
2 would be responsible for ensuring that the -- the
3 documents --
4
A. I would.
So why don't we
5
Q. Okay.
personally know? What facts do
6
MR. SWEETAPPLE: Note
-- note my objection
7
to form. Predicate, based
on the supplement
8
that's of record.
I don't know. It's the
9
BY MR. O'BOYLE:
10
Q. Okay. So -- so would
you be in charge of it?
11
A. I would be the one that
would process it.
12
Q. Okay. So why -- what
facts support the
13
allegation that the Plaintiff does
not have standing?
14
MR. SWEETAPPLE: Form.
It's a legal
15
conclusion. Why don't you
just ask her what
16
facts she knows?
17
THE WITNESS: I don't
know facts, per se,
18
but I know what I've heard
and what I've seen in
19
like articles and stuff.
20 1 BY MR. O'BOYLE:
21
Q. Okay.
So why don't we
start with what do you
22
personally know? What facts do
you know that support
23
the allegation
lack of -- that
this is the -- the wrong
24
Plaintiff I --
perhaps? I mean
I don't know. It's the
25 1 Town's affirmative defense, so I can't guess what they
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A. Well, I -- the only thing I know is that
O'Boyle is involved in it. It's his -- his firm or
his foundation I should say.
Q. Okay. So tell me a little bit more about that.
What -- you said it is his foundation or firm?
A. I know he's involved in it because whenever I
do records requests and I have to respond to them they
all go to his company.
Q. Which is?
A. Commerce Group.
Q. Okay. That's an email address?
A. Correct.
Q. Okay. And --
A. That's what I've concluded.
Q. Okay.
THE REPORTER: I'm sorry. What'd you say?
THE WITNESS: That's what I've concluded.
THE REPORTER: Thank you.
BY MR. O'BOYLE:
Q. Okay. So -- so do you think that another agency
or another entity should be suing --
MR. SWEETAPPLE: Form. Legal conclusion.
BY MR. O'BOYLE:
Q. -- for these requests?
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MR. SWEETAPPLE: Legal conclusion.
THE WITNESS: Instead of Citizens Awareness?
BY MR. O'BOYLE:
Q. Yes.
A. I don't know if I have an opinion about that
or not. I mean you're asking my opinion; right?
Q. I'm asking all facts that you have within your
knowledge as a representative of the Town that support
the allegation that there is a lack of standing.
MR. SWEETAPPLE: Form.
THE WITNESS: The only thing I know is from
what I've read in, you know, depositions and
articles.
BY MR. O'BOYLE:
Q. Okay. So what -- let's start with the articles.
What -- what article -- what have you read in articles?
A. It was the articles regarding Chandler and
the -- what he stated in his articles. I don't know
the articles' title by --
Q. Okay.
A. -- name.
Q. Sure, sure, sure.
A. But just in the couple articles that I
remember. One was from I think law -- the board --
the Florida Bar. That's what it was and there was an
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article in there about it. That he had resigned and
his reason for resigning and all that. Then there was
another one. I don't remember what the paper was or
whatever, but it was an identical article.
Q. Okay. So let me -- let me back up here. So it
may be a Florida Bar article that talks about Joel
Chandler's resignation?
MR. SWEETAPPLE: Form.
THE WITNESS: Well, it was a Florida Bar
article.
BY MR. O'BOYLE:
Q. Okay.
A. I mean it was on their website.
Q. Oh, okay. Sure.
A. It was on their -- I don't know who wrote
it, --
Q. Fair, fair.
A. -- but was on their website.
Q. Fair enough. Okay. So, and -- and what do you
recall about that article?
A. I recall him saying that it wasn't basically
a legit -- and I'm not using his words or anything.
I'm just using a summary of what I'm thinking. That
basically he didn't feel that it was a legit business.
That he was not hired -- or he was hired to do
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1 something that he was not allowed to do and that it
2 was a company that was -- or a foundation that was
3 built under false pretenses, basically.
4 Q. Okay. So let me -- let me back up to this --
5 this first one. So what -- what -- so is -- is
6 Citizens -- Citizens Awareness Foundation make this
7 1 request?
8
A.
Correct.
9
Q.
Okay.
10
A.
That's what's on there.
11
Q.
Okay. So are they the
person
that should be
12
suing?
13
MR. SWEETAPPLE: Form.
Legal
conclusion.
14
THE WITNESS: I can't
say who
would be
15
suing.
I mean anybody can
sue for
anything. I
16
don't
know. I don't know.
I mean
I don't know.
1�oeV41111UTR7 ijl00aM9
18 Q. Hey -- hey, listen, if you --
19 A. I don't know.
20 Q. If -- if you don't know --
21 A. I don't know.
22 Q. -- then I'm not -- please don't make things up
23 and don't create them.
24 A. No, I don't want to.
25 Q. Yeah. No, if you don't know, it's a perfectly
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fine answer.
A. I don't know.
Q. Okay. So you -- you said there were identical
articles to that in the Florida Bar. Do you generally
remember what those articles might have been or what was
said in there about --
A. Just what I already said. Just basically he
was -- he didn't -- that he was hired to do something
and the company didn't run like that. That he was
told that he had to do so many requests or -- or
lawsuits per day and he was originally supposed to use
several different law firms and The O'Boyle Law Firm
was the only one that was used.
Q. Okay. And is that -- is there anything else?
MR. SWEETAPPLE: Object to the form.
Anything else what?
THE WITNESS: That was said?
BY MR. O'BOYLE:
Q. That you can remember about Joel Chandler.
MR. SWEETAPPLE: Form.
THE WITNESS:
Chandler period?
BY MR. O'BOYLE:
In his article or Joel
24 Q. Well, okay. Why don't we -- why don't we start
25 with the article first.
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1 A. Okay. The article. Right offhand that's
2 not -- that's the only thing I can think of. That's
3 all I can quite remember.
4 Q. Okay.
5 A. I read a lot of stuff throughout the days
6 and, you know, right offhand that's what I remember.
7 Q. Okay. And -- and -- and I just want to
8 reiterate so we're clear. You are the person that was
9 sent by the Town who has knowledge of --
10 MR. SWEETAPPLE: Object to the form.
11 It's --
12 BY MR. O'BOYLE:
13 Q. -- of these --
14 MR. SWEETAPPLE: -- argumentative.
15 BY MR. O'BOYLE:
16 Q. -- affirmative --
17 MR. SWEETAPPLE: We've already been through
18 that.
19 BY MR. O'BOYLE:
20 Q. -- defenses.
21 MR. SWEETAPPLE: She's -- she's the person
22 with the most knowledge. Object to the form.
23 Asked and answered. Harassing.
24 BY MR. O'BOYLE:
25 Q. So you have the most knowledge out of -- of
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2 MR. SWEETAPPLE: Objection. Asked and
3 answered. You're badgering the witness. She
4 doesn't have to be the witness I call at trial.
5 She's the most -- the person with the most
6 knowledge from the Town. We've said that three
7 times now, Mr. O'Boyle.
8 MR. O'BOYLE: Can you read back the
9 question?
10 (A portion of the record was read by the
11 reporter.)
12 MR. SWEETAPPLE: Objection. Asked and
13 answered that's the fourth time now by reading it
14 back. You can answer it again. You can answer
15 it again.
16 THE WITNESS: I know just basically what
17 I've read.
18 BY MR. O'BOYLE:
19 Q. Okay. Does -- who else has knowledge of these
20 allegations?
21 MR. SWEETAPPLE: Form. Speculation.
22 THE WITNESS: We've all read articles. All
23 pretty much read the same articles.
24 BY MR. O'BOYLE:
25 Q. Okay. When you say we all, and stop me if I'm
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KELLY AVERY VOLUME I May 18, 2016
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wrong --
A. The four that are in the office.
Q. Okay. I was going to say. The temporary?
A. Not the temporary.
Q. Okay.
A. And if she did it was on her own personal,
but she doesn't....
Q. So -- so in the future if anybody were to
testify from -- that they had more facts than you, okay,
they would have superior knowledge?
MR. SWEETAPPLE: Object to the form.
Hypothetical. Speculation.
THE WITNESS: I don't know.
BY MR. O'BOYLE:
Q. Okay. And here -- here's what I'm asking. I'm
going to ask you questions about these affirmative
defenses --
A. Um-hmm.
Q. -- today; right? And my expectation is that
you're going to tell me what you know and what you don't
know and then that's going to be it. Nobody's going to
say anything different.
MR. SWEETAPPLE: Object. Objection. Do you
have a question, Mr. O'Boyle?
THE WITNESS: Okay.
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1 MR. SWEETAPPLE: We've already been through
2 the instructions of taking a depo. Please ask a
3 question.
4 THE WITNESS: Okay.
5 BY MR. O'BOYLE:
6 Q. Okay. So what facts do you have in your
7 knowledge as part of the Town that -- that show that
8 Citizens Awareness Foundation is not the proper person
9 who should be suing?
10 MR. SWEETAPPLE: Objection. Legal
11 conclusion.
12 THE WITNESS: I don't have any concrete
13 facts.
15 Q. Okay. Okay. And who would have concrete facts?
16 MR. SWEETAPPLE: Object to form.
17 Speculation. Asked and answered.
18 THE WITNESS: I don't know.
19 MR. O'BOYLE: Okay.
20 MR. SWEETAPPLE: We will be providing a
21 witness list in this case. That'll give you a
22 hint.
23 MR. O'BOYLE: No, you need to tell me
24 through your witness that you chose what are your
25 defenses. What facts support your defenses.
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1 MR. SWEETAPPLE: From the person with the
2 most knowledge in the Town.
3 MR. O'BOYLE: Okay.
4 MR. SWEETAPPLE: That doesn't mean that
5 there -- that -- that every defense that's here
6 somebody from the Town is going to be testifying
7 on. There are obviously other witnesses. Most
8 the witnesses on this are going to come from
9 CAFI, you, Miss DeMartini, a lot of other people,
10 so don't -- don't badger her.
11 Obviously the one she had the most personal
12 knowledge on is the next one. Go ahead and do
13 the depo as you want. It's your depo. If you
14 want to just sit here and badger her, go ahead.
15 MR. O'BOYLE: You're aware that there are no
16 speaking objections in the deposition; is that
17 correct, Mr. Sweetapple?
18 MR. SWEETAPPLE: That wasn't an objection.
19 That was a conversation with you, Mr. O'Boyle.
20 BY MR. O'BOYLE:
21 Q. Okay. The next affirmative defense -- I'm
22 sorry. Do you have Exhibit 3? Okay. So the -- the
23 next affirmative defense is a lack of authority.
24 A. Um-hmm.
25 Q. Can you tell me all facts -- all facts known by
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KELLY AVERY VOLUME I May 18, 2016
CITIZENS AWARENESS VS. TOWN of GULF STREAM 67
the Town that support -- well, why don't -- why don't
you tell me what the Town is asserting here.
MR. SWEETAPPLE: Form.
THE WITNESS: I know that within Chandler's
statement he stated that he was the one that was
supposed to be his name -- doing the requesting
and that's not how it was done. I know this came
in and I know that it's going back to Mr.
O'Boyle's company. How I -- like I said, the
main thing that I know of is what I was -- read
within the statement of Mr. Chandler.
BY MR. O'BOYLE:
Q. Okay. And what statement of Mr. Chandler would
that be?
A. Mr. Chandler's statement that was taken. I
don't know. It's about this thick. I can't remember
the date on it. I know pretty much everybody's got a
copy of it.
MR. SWEETAPPLE: Kelly, your hand.
THE WITNESS: I'm sorry?
MR. SWEETAPPLE: Your hand on your face.
THE WITNESS: Oh, I'm sorry. I'm sorry. I
don't remember the date on it.
BY MR. O'BOYLE:
Q. Sure.
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A. I just know that it's titled Joel Chandler's
statement.
Q. Okay. Are -- is there more than one?
A. I know he's had depositions, but I know this
one actually was titled that. That's why I was
referring to it that way.
Q. Okay. And when you said everyone has it, who's
everyone?
A. Well, everyone that's requested it like at
this table. I know we've provided it in records
requests.
Q. Okay. Do you know who you provided it to in
records requests?
A. Mr. O'Boyle, you and Mr. O'Hare.
Q. Okay. Any -- anybody else?
A. I'm sure we have, but I can't think of right
offhand.
Q. Okay.
A. And I know it's on-line, so anybody who wants
to view it.
Q. And if -- let me -- let me go back to the lack
of standing. The prior one. What is the result that
the Town wants from asserting that affirmative defense,
lack of standing?
MR. SWEETAPPLE: Objection. Legal
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conclusion. Speculation.
THE WITNESS: I....
BY MR. O'BOYLE:
Q. You don't know?
A. I don't know.
Q. Okay. Okay. So -- so for lack of authority,
can you -- can you please tell me all facts that you
know of that support lack of authority affirmative
defense?
A. I know from reading the statement from Mr.
Chandler. I know articles from -- regarding Mr.
Chandler and that's -- and then -- that's pretty much
it.
Q. Okay. And what -- what -- is there anything in
particular that Mr. Chandler said?
A. As far as his authority?
Q. Yeah, yeah.
A. I know he said in there that he was the one
that was supposed to be the one that initiated -- or
did the request, did the initiating the suit, et
cetera, and it had to be through his approval.
Q. So are you saying that -- or I'm sorry, not you.
It's the Town. Here for the Town. So is -- is the Town
saying that Mr. Chandler said that this lawsuit was not
initiated by him?
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1 MR. SWEETAPPLE: Form.
2 THE WITNESS: I can't say this particular
3 one was from his words saying that it wasn't.
Am 0 RVA 1111109-1.4111111• 060*3
5
Q.
Okay. So -- so
-- so
Mr. Chandler never said to
6
the Town
specifically --
7
A.
This one, no.
8
Q.
-- I did not authorize
this?
9
MR. SWEETAPPLE:
Form.
10
BY MR.
O'BOYLE:
11
Q.
Okay. So --
12
MR. SWEETAPPLE:
Best
evidence.
13
BY MR.
O'BOYLE:
14
Q.
If Mr. Chandler
did authorize
this lawsuit, then
15
would
affirmative defense
one and
two fail?
16
MR. SWEETAPPLE:
Form.
Hypothetical. Legal
17
conclusion.
18
THE WITNESS: I
don't
know.
19
BY MR.
O'BOYLE:
20
Q.
Okay. So what --
what
is the result sought by
21
asserting
a lack of authority?
22
MR. SWEETAPPLE:
Form.
Legal conclusion.
23
THE WITNESS: I
don't
know.
oz, ME0aI:hili 10ya a M9
25 Q. Okay. And -- and I don't want to come across
C Irl
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1
as --
as snarky, but who would know?
2
MR. SWEETAPPLE: Form. Speculation.
3
THE WITNESS: I don't know.
4
BY MR.
O'BOYLE:
5
Q.
Okay. Is there -- is there any document out
6
there
that might help refresh your memory?
7
A.
On what?
8
Q.
On what the Town is claiming -- what facts the
9
Town is
claiming for lack of authority.
10
A.
As far as I know, it's the statements and the
11
articles.
12
Q.
Okay. But nothing -- nothing specific about
13 1 this case?
14 A. Not that I'm aware of.
15 Q. Okay. Would it be in the affidavit of Joel
16 Edward Chandler?
17 MR. SWEETAPPLE: Form. Sneculation and
18 ambiguous.
19 THE WITNESS: I remember reading it, but I
20 don't remember specifically, no.
21 BY MR. O'BOYLE:
22 Q. Okay. So if I asked you to read it again and to
23 point to me where Mr. Chandler said that this particular
24 lawsuit was not authorized --
25 A. I don't believe he said this particular
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1 lawsuit.
2 Q. Okay. Okay. That's -- that's fine.
3 A. No.
4 Q. I won't threaten you with reading --
5 A. Okay. Thank you.
6 Q. -- an affidavit, many pages.
7 A. Yes.
8 Q. Okay. And, well, let me -- let me ask this.
9 Generally what -- what -- what else do you know about
10 Mr. Chandler?
11 A. I know he -- just what I know otherwise? I
12 just know he is -- he works basically independently
13 doing records requests around the State trying to make
14 sure -- basically check up on government,
15 not -for -profits to make sure that they're doing what
16 they're supposed to be doing with records requests.
17 Q. Okay. Do you have any reason to -- or I'm
18 sorry. Does the -- do you have any facts within your
19 knowledge, any reason to distrust Mr. Chandler?
20 A. No.
21 Q. Okay. So do you know him to be a pretty
22 credible guy?
23 MR. SWEETAPPLE: Form.
24 THE WITNESS: I mean I don't know him
25 personally. I mean --
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BY MR. O'BOYLE:
Q. Oh, okay. I -- okay. So maybe I should have
asked --
A. I can't --
Q. -- have you ever talked to him?
A. I mean I can't fully trust anybody. I don't
trust anybody, but I mean I don't distrust him for any
reason.
Q. So -- so have you ever spoken with him?
A. No.
Q. Okay. Who from the Town has spoken with him?
A. Rita.
Q. And what -- do you know what her conversation
was?
A. I don't. I know a while back he came in for
a public records request, but I -- I -- that was --
Q. Yeah, when?
A. It was a while back. It was back in 2013.
Q. Okay.
A. What it was regarding I couldn't tell you. I
have no clue, but I know he came in personally and --
and requested items and she took care of it. It was
way back then. I mean I don't know what it was for.
Q. Right.
A. But I know she's the one that dealt with him
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2 Q. Okay. Now, number three it says Plaintiff's bad
3 faith. Is that --
4 A. Um-hmm.
5 Q. Okay. We're on the same page?
6 A. Um-hmm.
7 Q. Literally. What facts does the Town possess to
8 support that allegation of bad faith?
9 MR. SWEETAPPLE: Form.
10 THE WITNESS: In my opinion, the bad faith
11 was basically I feel that it was done
12 intentionally to make us to where we couldn't
13 produce records in a -- in a reasonable amount of
14 time that they should have been. When you get
15 inundated and you've got a small staff, what are
16 you supposed to do? You know, I can only do so
17 much at a time.
18 And I think that it was -- personally, it
19 could have been, you know, that was their plan.
20 I don't know. I don't know, but that's how it
21 feels, you know, when you're getting attacked
22 with all these records -- I can't say attacked.
23 Let me take that word --
24 BY MR. O'BOYLE:
25 I Q. You can say it. I mean --
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1 A. I don't feel attacked personally, but it's
2 frustrating. It's very frustrating. You're trying to
3 do your job and you've got 20, 30 coming in every day,
4 you can't -- it's hard to keep up.
5 Q. Okay. So when you say it's intentionally, do
6 you mean the -- the requests are being made
7 intentionally?
8
A.
No.
9
Q.
Or what -- yeah, what do you mean?
10
MR. SWEETAPPLE: Form.
11
BY MR. O'BOYLE:
12
Q.
Like is it -- is it a mistake that one of these
13
might have been sent or --
14
A.
No, I think that they intentionally inundated
15
us every
so often just to back us up.
16
Q.
Okay. And you -- you said before that you
17
couldn't
produce documents?
18
A.
I didn't -- no, I didn't say I couldn't
19
produce.
It's harder to produce them in a quicker
20
amount of
time. You know, if it's a simple request,
21
but you've got -- you know, you're supposed to do them
22 in the order you get them and you've got, you know, a
23 simple request that could have been filled, you've got
24 30 or 40 in front of it, you know, it's hard to get to
25 them all, you know, and you've got to get them out
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1 within a certain amount of time, you know, it -- it
2 makes it more difficult. I'm not saying I couldn't
3 get the records out, but it makes it more difficult
4 when I was working at the time.
5 Q. Now -- now, you say a certain amount of time.
6 This -- what -- what's generally --
7 A. There is no certain amount of time. It's
8 based on the request it's a reasonable amount of time.
9 You know, if it's -- we try to get everything out as
10 quick as possible. I hate having things on my desk.
11 I try to get it off my desk as soon as possible, so if
12 I have the answer, I get it out.
13 If it takes us a little longer, you know --
14 like I said, it's all paper files. Until we get
15 everything digitalized it makes it harder to find
16 things. You know, you've got to dig through umpteen
17 years of, you know, items and try to find something,
18 so it's going to take a while. You know, when we get
19 a bunch of them that are asking for different things
20 and you have to reach out to different people and plus
21 do your normal duties, it's difficult.
22 Q. Right. Okay. So you -- you -- you keep
23 using -- using the word inundated. Is -- I guess is --
24 is -- is the Town annoyed by public records requests?
25 MR. SWEETAPPLE: Form.
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1 THE WITNESS: I can't say annoyed. I mean
2 that's our job and that's what we do. I mean I
3 have no problem with -- if I get that many, it's
4 fine, but it's when you get them back to back to
5 back and 20 or 30 from one person at a time
6 consistently, I mean it gets to be a pain in the
7 butt, but I can't say really annoyed. I mean
8 it's frustrating more than anything.
9 BY MR. O'BOYLE:
10 Q. Okay. And does -- does that excuse the Town
11 from producing --
12 A. No.
13 MR. SWEETAPPLE: Form.
14 BY MR. O'BOYLE:
15 Q. -- the records?
16 MR. SWEETAPPLE: Legal conclusion.
17 THE WITNESS: I wouldn't say that.
18 BY MR. O'BOYLE:
19 Q. Okay. So that -- that's not what the Town's
20 asserting in --
21 MR. SWEETAPPLE: Form.
22 BY MR. O'BOYLE:
23 Q. -- affirmative defense number three?
24 MR. SWEETAPPLE: Form. Best evidence.
25 THE WITNESS: I'm saying that when you get a
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1 large amount and limited staff and time, it makes
2 it more difficult to get things out, whereas one
3 you could get out no problem. When you have
4 umpteen, it's harder to get them all out within
5 the reasonable amount of time that one should
6 normally take you.
7 BY MR. O'BOYLE:
8 Q. Now, you -- you just made quotes and I'm not
9 making fun of you or anything.
10 A. I did.
11 Q. But, no, no, you were quoting the law.
12 A. Yeah.
13 Q. I think that's what you're doing.
14 A. Yes.
15 MR. SWEETAPPLE: Form.
16 BY MR. O'BOYLE:
17 Q. Okay. So again, when -- when you say reasonable
18 amount of time, does the Town have any rubric whatsoever
19 on what -- what you guys aim for? What you have a --
20 A. As quick as possible.
21 Q. Okay.
22 A. I mean we don't want to sit on this. That's
23 the last thing we want is to have more work sitting
24 there piling up. That's the last thing we want and
25 it's, you know, we'd rather get the stuff out and if
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we can get it out quick, then we get it out quick, but
if it's going to take some time and you need -- we
have to ensure you have all the documents, it takes
time.
Q. Right.
A. So I mean I -- I don't know if I answered the
question.
Q. I mean -- yeah. So, no, I guess I'm just
generally trying to -- you know, I didn't know if it
was, okay, you know, step one, one to seven days, let's
try to do that.
A. No.
Q. Triage it. Step two.
A. Each request is going to be different. I
mean you're asking for different things each time, so
every one's going to have a reasonable amount of time
for that request. I mean I try not to make them late.
Q. Yeah.
A. It's not my intention.
Q. Right.
A. But I mean you're asking -- if somebody's
asking for something, you know, and they say all
records, you have to ensure that you got all records.
You know, if someone is asking for one thing, it's
easier than all records.
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1
Q.
Sure. And --
2
A.
So --
3
Q.
And when the -- when
the Town
gets let's just
4
say an
all records response --
I'm on the
verge of
5
sneezing, okay -- there's a --
there's
a follow up?
6
A.
Um-hmm.
7
Q.
Which -- which says
-- or I'm
asking. I'm
8
sorry.
I'm asking is there a
follow up
to when a
9
response is finally produced?
10
A.
Yeah, when it's -- when I've --
when I've
11 been given the documents to produce, then I submit it
12 with a letter saying here's the link where you can go
13 visit all the records, you know, the responsive
14 records.
15 Sometimes there's -- depending on the
16 situation there could be -- I usually say, you know,
17 this is closed or if -- you know, if you need anything
18 additional or if this is not what you wanted, you
19 know, if by chance a clarification wasn't done, then I
20 might say something like that. It just depends on the
21 situation, but that's usually the end of it unless
22 something else has been requested.
23 Q. Okay. So there's -- there's a follow up which
24 says -- well, let me back up. So first there's a
25 clarification if need be?
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1 A. If need be.
2 Q. Okay. Then at the very end there's a follow up
3 which says something to the effect of --
4 A. I mean there's -- a follow up is either going
5 to be the responsive records.
6 Q. Sure.
7 A. It's going to be a quote. It could be
8 records and a quote. It just all depends on what the
9 records are, but there usually is a follow up and
10 then, like I said, there's a quote and then the person
11 submits a payment. Then I usually give a receipt and
12 then the responsive records then would be my follow up
13 on that after compiling them.
14 Q. Okay. So -- so is there a -- some sort of
15 notice which says this is what we've got? If you think
16 there's something else, please contact us?
17 A. I think there might have been if we were, you
18 know -- we submitted everything. If we were
19 questioned on is this everything, we might say
20 something at the bottom. It just depends on the
21 situation. Most the time if we feel we've provided
22 everything, we'll say we consider this closed, so
23 that's pretty much it.
24 Q. Okay. So there's a -- there's a follow up at --
25 at the very end seeking clarification only if in
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1 extraordinary circumstance?
2 A. Usually. I mean it doesn't happen all the
3 time. Usually if the person's questioned something
4 that we've provided previously.
5 Q. Okay.
6 A. And then when they say this is not exactly
7 what you were getting them, they let us know.
8 Q. Okay. So -- so that -- that -- that happens on
9 the back end only if there's some uncertainty as to the
10 records being produced?
11 A. If we've been questioned in the past,
12 usually.
13
Q.
Okay. And on the -- on the intake side, if --
14
if something
comes in and it -- it does not look like a
15
records
request, --
16
A.
Um-hmm.
17
Q.
-- is -- is it the policy or the procedure to --
18
A.
What do you mean look like a records request?
19
Q.
It's something that just doesn't seem very
20
coherent
or something that is extremely confusing.
21
A.
Then we'll do a clarification.
22
Q.
Okay. Okay. As well as if it's com -- complex?
23
A.
Correct.
24
Q.
Okay. And -- and this happens as just a matter
25 I of course all the time?
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MR. SWEETAPPLE: Form.
THE WITNESS: I can't say all the time.
We're not perfect. I try to make that my, you
know -- if they -- like I said, the people I go
to when asking for records, if they don't
understand it, I try to clarify it.
If I don't quite understand what they're
asking, who to -- how to direct it to whoever,
then I'll ask for clarification. I try to make
it my practice. I can't say 100 percent I do
that all the time.
BY MR. O'BOYLE:
Q. And does that fall on your shoulders or -- or is
there -- because I --
A. It's not completely on my shoulders, no.
Q. Okay.
A. Because if I -- like I said, if I have a gist
of what it is and they want more clarification, the
person that's going to fill it, then they request that
I do a clarification, so I consider that going on them
if they need a clarification. But sometimes, like I
said, if I don't know who to direct it to because of
the way it's worded, I'll ask for the clarification.
Q. Okay. And -- and when you get a request that
is -- it's going to require a lot of time and effort,
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1
there is a -- the policy is to reach out to
the
2
requestor and ask for an extension of time?
3
A. I've never asked for an extension of
time.
4
Q. Okay. Has anybody in the Town ever
asked for an
5
extension of time?
6
A. That I can't say. I'm not aware of
anybody,
7
but I've never asked for an extension. I've
asked for
8
a clarification. I've asked for -- I think
that's the
9
only thing I've asked for is clarification.
I think
10
I've given people options. They need to pay
this. Do
11
you want this? Or if you want all this and
you only
12
want this, then pay this, but I can't think
of any
13
time that I've done that, no.
14
Q. Okay. And the reason I'm asking is
because
15
there's -- there's inundation. There's lots
of requests
16
coming in.
17
A. Um-hmm.
18 Q. And -- and I -- I have not seen anything and I
19 wanted to ask if you'd have where the Town comes back
20 and says we need a month?
21 A. No. I --
22 Q. We need two months.
23 A. I've never done that
24 never done that.
25 Q. Okay.
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1 A. I can't think of anybody before me or that
2 has ever done it before this done that, but I can't
3 say that for a fact.
4 Q. If -- if that was going to happen, would that be
5 in the ledger? Would you note that on the ledger?
6 MR. SWEETAPPLE: Objection.
7 THE WITNESS: It's possible.
8 BY MR. O'BOYLE:
9 Q. Okay. And -- and just the ledger, I just want
10 to make sure, that's -- we're talking about the one
11 that's posted on the Town's website?
12 A. Um-hmm.
13 Q. That deals with public records requests
14 to/from?
15 A. Yeah.
16 Q. Okay. Just --
17 A. Yes.
18 Q. A piece of paper doesn't --
19 A. Right offhand I can't, you know -- I mean,
20 no, it's on there, but it -- if I was -- if it was to
21 be done, I know I've told people if we have records,
22 it'll, you know -- like there's been times where
23 someone else had to -- an outside agency had to submit
24 the records that I needed and they gave me some and
25 they told me they'll have the rest by such and such a
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1 date, so they asked me to put that in there.
2 Q. Right.
3 A. But that -- I can't ever remember asking for
4 an extension.
5 Q. Okay. And could -- could the Town ask for an
6 extension?
7 MR. SWEETAPPLE: Form.
8 THE WITNESS: I don't believe so, but I
9 don't know that for a fact.
10 BY MR. O'BOYLE:
11 Q. Okay.
12 A. I mean, I don't know if you can do that
13 within the State statutes. I don't -- I don't -- I've
14 never been instructed from any of my certification
15 classes that I've gone to, so I don't know.
16 Q. Oh, what are the -- tell me about these
17 certification classes. What are these?
18 A. It's public records courses. It's through
19 FAU. I can't remember the other -- the other agency
20 that was involved in it, but it's through FAU. They
21 do a public records management course.
22 Q. And what -- what does that course entail?
23 A. Basically just kinda gives you an overview on
24 public record. What is a public record. You know,
25 what are your responsibilities of doing public
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1 records. It's basically to keep up with pup -- public
2 record law.
3
Q.
Do you -- do you have -- I'm sorry. Have you
4
taken any
other courses or --
5
A.
Just --
6
Q.
-- or certifications?
7
A.
Just those classes. I've taken two years'
8
worth of
them.
9
Q.
Okay. Is this an -- like an ongoing class or is
10
this a --
11
A.
According -- well, according to our policy we
12
have to take a class at least once every year and the
13
class that we've taken is -- they've had two different
14
ones and
we take them down at FAU. It's offered by
15
the same
agency. I can't remember who it is.
16
Q.
Is it the Attorney General?
17
A.
It might be. I can't remember.
18
Q.
I don't know. I'm just --
19
A.
I don't remember right offhand.
20
Q.
-- seeing if that jogs your memory.
21
A.
I'm so sorry. I just know it was through FAU
22
and somebody else. I can't remember right offhand.
23
Q.
Okay. What -- do -- do you hold any
24
certificates or professional licenses in general? Like
25
a CPA or
--
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CITIZENS AWARENESS VS. TOWN of GULF STREAM 88
1 A. No.
2 Q. Okay. Do you -- do you have a master's?
3 A. No.
4 Q. Okay. But you have a -- you have a bachelor's
5 degree?
6 A. I'm working on it.
7 Q. Okay. Cool. So does -- does the Town claim
8 that there was an untimely or deficient response --
9 MR. SWEETAPPLE: Form.
10 THE WITNESS: No.
11 BY MR. O'BOYLE:
12 Q. -- in this -- in this case? Okay. So does
13 affirmative defense number three factually apply to this
14 lawsuit?
15 MR. SWEETAPPLE: Form. Legal conclusion.
16 THE WITNESS: I guess I'm not understanding
17 what you're asking.
18 BY MR. O'BOYLE:
19 Q. Sure, sure, sure. So number three, and correct
20 me if I'm wrong, says Plaintiff's bad faith, period. To
21 the extent that Defendant was untimely or deficient in
22 any response to the public records request as sued upon,
23 such was the result of Plaintiff's bad faith. Okay. So
24 what I -- what I'm asking is, is there any claim that
25 there's an untimely or deficient response to the public
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1 records request?
2 MR. SWEETAPPLE: Object to the form. By
3 whom? The pleadings, best evidence.
4 1 BY MR. O'BOYLE:
5 Q. What facts are in the Town's knowledge that
6 support the untimely or deficient -- deficiency of this
7 records request?
8 A. On this one in particular?
9 Q. Yes. Yeah.
10 A. I don't believe this one was --
11 THE REPORTER: Please take your hand away.
12 Thank you.
13 THE WITNESS: I don't believe this one was
14 untimely.
15 BY MR. O'BOYLE:
16 Q. Okay. I'm sorry. I didn't want to interrupt
17 you.
18 A. I don't think this one was an untimely one,
19 but I -- I'm saying in -- in the fact of the bad faith
20 claim that -- what I had answered before is that I
21 felt this was -- the fact that we were being inundated
22 was something that was done by them in order to
23 prevent us from responding in a timely manner.
24 Q. Okay.
25 A. And the other ones as well.
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Q. What do you mean by the other ones?
A. Requests that were coming in.
Q. And I'm sorry.
A. The other requests that were coming in on the
same day and the day before and the days after.
Q. Okay. Which -- which requests are these because
I'm a little bit -- that's a little bit vague?
A. Just the other requests that came in from
them. Not necessarily Citizens Awareness. I mean
they did send other ones in that day, but other ones
that I believe all related to the Commerce Group and
Martin O'Boyle sent them and the others that were
within those -- that date frame.
Q. Which -- which date frame is that?
A. Around the 19th --
Q. Okay.
A. -- of February. So the ones before or after,
you know, when you're getting them consistently like
that and you have to get everything out, you know, in
so many days, according to our policy we try to get
the intakes out to at least acknowledge them, it makes
it harder to do that, as well as respond to.
Q. Okay. And so what about the requests that
happened afterwards?
MR. SWEETAPPLE: Form.
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2 Q. Do they have any bearing on this lawsuit?
3 MR. SWEETAPPLE: Form.
4 THE WITNESS: I don't know. I don't know.
5 BY MR. O'BOYLE:
6 Q. So, and let -- let me ask this way. Does a
7 records request made today have any effect on whether
8 the Town should respond to that records request?
9 MR. SWEETAPPLE: Form.
10 THE WITNESS: No.
11 1 BY MR. O'BOYLE:
12
Q. Okay. And when
I say today, I mean the future?
13
A. Yes.
14
Q. Okay. And if the -- well, let me ask this. If
15
a court were to find bad
faith, what -- what is the Town
16
going to ask the court to do?
17
MR. SWEETAPPLE:
Form. Hypothetical. Legal
18
conclusion. Speculation.
19
THE WITNESS: I
don't know. I can't say.
20
BY MR. O'BOYLE:
21
Q. Is it -- is it --
is it the Town's position
22
that they no longer have
to respond to any records
23
requests?
24
MR. SWEETAPPLE:
Form.
25
THE WITNESS: I
would say no.
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KELLY AVERY VOLUME I
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BY MR. O'BOYLE:
Q. You --
A. That's --
Q. -- laugh at that, but why --
A. No, that's -- that's because that's
May 18, 2016
92
ridiculous.
Q. Okay.
A. I mean, no. I mean public records are a part
of government. Why would you ever say that you
wouldn't do them? I mean I have no problem with
public records requests, you know. I think they
should always, you know -- I have no problem with open
government.
Q. Okay.
A. But I wouldn't say that this would have any
foundation on going forward, you know, not answering
any requests.
Q. Okay. So -- so if -- okay. So let me just
clarify.
A. Or are you saying from this foundation?
Q. Right. So I -- so what I'm saying is, if
Plaintiff's bad faith, number three that I've shown you
in Exhibit 3, if the court were to say, okay, yes,
there's bad faith, the Town it says bad faith, does that
excuse the Town from producing the records if the amount
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1
of money was
paid or --
So was it
2
MR.
SWEETAPPLE:
Object to the form.
3
THE
WITNESS: I
don't believe so, no.
:�■:y�u1:7tiDYi114409
5 Q. Okay. Is that because the Town -- the Town
6 recognizes the right to public records is a
7 constitutional right?
8 A. Um-hmm.
9 MR. SWEETAPPLE: Object. Object to form.
10 BY MR. O'BOYLE:
11 Q. That's a yes?
12 A. Of course it is.
13 Q. Okay. I'm sorry. We have never spoke before --
14 A. I know.
15 Q. -- so I -- okay. What does Christopher O'Hare
16 have to do with this request?
17 MR. SWEETAPPLE: Object to the form.
18 THE WITNESS: I don't see any.
llmu; • :•
20
Q.
Okay.
So was it
an error to include Mr. O'Hare
21
in this
bad faith?
22
A.
Well,
we felt that -- I believe, my personal
23
feeling,
that
he's worked
basically as his
24
coconspirator.
Basically
have worked together in
25 1 order to jam us up, basically.
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1 Q. And when you say coconspirator, what does that
2 mean to you?
3 A. They're working together.
4 Q. Okay.
5 A. I don't know. I don't know what their major
6 plan is, but it's, you know -- it's frustrating.
7 Q. Okay. And -- and I just want to -- want to
8 clarify. And the Town has not reached out to any
9 requestor at all since you've worked there and asked for
10 extensions or asked for any accommodations from a
11 requestor?
12 MR. SWEETAPPLE: Form. Asked and answered.
13 Compound.
14 THE WITNESS: Answer isn't any different. I
15 mean I haven't done that. I'm not aware of
16 anybody else doing that. I can't say that it
17 hasn't been done. I'm not aware of it.
18 BY MR. O'BOYLE:
19 Q. Okay. So if -- if -- I'm -- I'm sorry.
20 Actually, you were speaking a little low there. I
21 didn't really hear. I thought I heard something, but
22 I'm -- I'm not sure. Can you --
23 MR. SWEETAPPLE: Would you read back her
24 answer, please?
25 (A portion of the record was read by the
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2 BY MR. O'BOYLE:
May 18, 2016
95
3 Q. Okay. So it'd be a surprise to the Town if
4 anybody from the Town did follow up --
5 MR. SWEETAPPLE: Form.
6 BY MR. O'BOYLE:
7 Q. -- and asked for --
8 MR. SWEETAPPLE: Form. Speculation.
9 THE WITNESS: I don't know if it would be a
10 surprise. I'm just saying I don't remember
11 seeing it, you know. It's not something that I
12 have made a practice to do.
13 BY MR. O'BOYLE:
14 Q. So if -- if I had to get an absolute answer, who
15 would I have to ask? Would I have to ask Mr. Thrasher,
16 Miss Taylor?
17 A. I'd say --
18 MR. SWEETAPPLE: Form. Speculation.
19 Compound.
20 THE WITNESS: It would be several people.
21 You know, Freida was involved. Rita was
22 involved. Bill was involved. And then I know
23 people have contacted Jones and Foster,
24 Sweetapple. All of our attorneys, I mean they've
25 all been contacted. What they do I can't
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necessarily say.
BY MR. O'BOYLE:
Q. Right.
A. So I mean I'd have to ask everybody. I mean
I personally don't know.
Q. Okay. So are these requests, these inundations,
is -- is it -- is this inundation being done to cripple
the Town's ability to respond?
A. I believe so.
Q. So can you tell me a little bit more about that?
MR. SWEETAPPLE: Form.
THE WITNESS: As far as? I mean I don't
know as far as more than what I've already said.
I just -- I don't know. I don't know what the
plan is on top of jamming us up and making it
harder for us to respond in a reasonable amount
of time, but that's how we -- that's how I feel
that that's what's being done because they know
we're small.
They know it's going to take us a while to
get the records and then we get slammed with all
these requests and you have to abide by the rules
and you have to get them out within a certain
amount of time and then sorry, but you can't
answer, you know, so many within the amount of
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1 time that they think we should, then you get sued
2 and that's the frustrating part.
3 That's where we start feeling that's -- we
4 as in -- I'm saying we. It's me. I start
5 feeling that it's like a plan. You know, you
6 feel like you're being attacked, basically.
7 BY MR. O'BOYLE:
8 Q. Okay.
9 A. I'm not saying that's what they're doing, but
10 that's what it feels like.
11 Q. Have you ever talked to -- I -- I don't know.
12 It'd be Martin O'Boyle, Jonathan O'Boyle, Christopher
13 O'Hare, Citizens Awareness Foundation, Commerce Group,
14 Inc. Have you ever talked to anybody that I just
15 mentioned about getting -- asking for a break? Asking
16 for a reasonable amount of time to respond --
17 MR. SWEETAPPLE: Objection.
18 BY MR. O'BOYLE:
19 Q. -- asking for an extension?
20 A. No.
21 MR. SWEETAPPLE: Asked and answered. That's
22 the fifth or sixth time now.
23 THE WITNESS: No.
24 BY MR. O'BOYLE:
25 Q. Okay.
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A. I know we send an intake letter that says
we'll respond in a reasonable amount of time.
Q. Sure. Now -- now, number three, Plaintiff's bad
faith, names Martin O'Boyle, Jonathan O'Boyle,
Christopher O'Hare, Citizens Awareness Foundation, Inc.,
Commerce Group, Inc., and others. Who are the others?
A. Well, there's a lot more. There's other
names that were all associated with this Commerce
Group. I can't think of the names right offhand, but
it was like different names that were used. I'm
trying to think of one right offhand.
Q. Go for it.
A. It was a lot. There was a lot of them.
They're all in a log.
Q. Okay. So, for example, would Patsy Randolph be
part of that?
A. I would not consider her being part of that,
no.
Q. And how -- what would make you -- what leads --
what led you to that determination?
A. Because she, as far as I know, does not
request several requests like has been done in the
past from these guys. Here and there she does it.
Nothing major. Not in comparison to these.
Q. Okay. So is it the -- I'm just trying to think
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1 in this -- in this group of -- I'm sorry. Is this
2 assertion that there's a group of people with bad faith
3 making requests to the Town?
4 A. Yes.
5 Q. Okay. So how do you determine who fits in the
6 group and who fits out of the group?
7 MR. SWEETAPPLE: Form.
8 THE WITNESS: In my own personal opinion,
9 it's we figured out that basically the ones that
10 are associated all go to the commerce-group.com
11 email or The O'Boyle Law Firm and then O'Hare, he
12 had admitted all these different ones that he was
13 using, so all of them lump together. I mean....
14 THE REPORTER: Omitted or admitted?
15 THE WITNESS: Admitted. Admitted.
16 THE REPORTER: Admitted, A -D. Thank you.
17 THE WITNESS: Correct.
18 BY MR. O'BOYLE:
19 Q. So maybe -- maybe I'm not being that clear. How
20 does the Town determine who is making requests in bad
21 faith and who isn't?
22 MR. SWEETAPPLE: Object to the form.
23 THE WITNESS: I don't -- I can't say each
24 individual request, you know, which ones are made
25 in bad faith. I'm not saying that. I'm saying
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1 that the effort of inundating us was done in bad
2 faith.
3 BY MR. O'BOYLE:
4 Q. Okay. So, and I'm just trying to conceptually
5 wrap this around my head. I'm looking at a log now that
6 says there's a request which says Mike Deeson
7 (phonetic). How do we know -- and he's asking for all
8 invoices and payments Jones, Foster, Robert Sweetapple,
9 Jerry Richman and any law firm for the last five years.
10 A. Um-hmm.
11 Q. How does Mr. Deeson, if that is his real name,
12 fit into -- does he fit into the group or not fit into
13 the group?
14 A. No.
15 MR. SWEETAPPLE: Form.
16 THE WITNESS: I don't believe so.
17 BY MR. O'BOYLE:
18 Q. Okay. And what -- what would be the basis for
19 that?
20 A. I mean I don't know, honestly, but I wouldn't
21 assume so, but that's all my assumption. These, to
22 me, have been, you know, because of the proven things
23 that I noticed or that have been noticed, I can't say
24 just me, to me that's what groups them together.
25 Q. You said proven things that you noticed is what
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1 groups them together. I'm going to ask you if you can
2 be a little bit more specific.
3 A. What I said before, the commerce-group.com.
4 Q. When you said -- wait, wait, wait. Let me back
5 up here. You said before the commerce-group.com?
6 MR. SWEETAPPLE: Form. She said what I said
7 before.
8 THE WITNESS: What I said was the reference
9 of the email commerce-grcup.com of when I respond
10 to records all of them go to the same email
11 address.
12 BY MR. O'BOYLE:
13 Q. Okay. So if they do not go to
14 commerce-grcup.com, they should not --
15 A. I don't know. I mean I don't know.
16 Q. Okay.
17 A. I have no way to speculate.
18 Q. Okay. I'm just trying to ask why these names in
19 number three are here and not other names, so what I've
20 heard, and just correct me if I'm wrong, is that you're
21 looking at the surlink of records at commerce-group.com?
22 A. Um-hmm.
23 Q. Or I guess anything at O'Boylelawfirm.com?
24 A. Um-hmm.
25 Q. And that's it?
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1 MR. SWEETAPPLE: Form.
2 THE WITNESS: That's --
3 MR. SWEETAPPLE: Asked and answered.
4 THE WITNESS: That's my personal.
5 1 BY MR. O'BOYLE:
6 Q. Okay. Okay. So again, why is Christopher
7 O'Hare mentioned in number three?
8 MR. SWEETAPPLE: Objection. Asked and
9 answered. You also omitted in your question her
10 prior testimony. Fail -- failure of predicate.
11 MR. O'BOYLE: Stop telling her what to say.
12 MR. SWEETAPPLE: Failure --
13 MR. O'BOYLE: Stop.
14 MR. SWEETAPPLE: Failure of predicate. I'm
15 not telling -- I'm telling you that you're not
16 being accurate in your questioning and you're --
17 you're repeating yourself and badgering.
18 BY MR. O'BOYLE:
19 Q. So why is Christopher O'Hare -- I'm sorry. Let
20 me back up. Did Chris O'Hare use at -- records at
21 commerce-group.com?
22 A. No.
23 Q. Did he use at O'Boylelawfirm --
24 A. No.
25 Q. -- dot com?
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1
A.
Not that I'm aware of.
2
Q.
Okay. So -- so why is he included on this list?
3
A.
Because he was inundating us as well and I
4
assume
that you guys -- or they've been working
5
together because they've been seen together. They
6
come and do thing together. They've come and done
7
records requests together. They come video us
8
together.
9
Q.
Okay. So it's -- it's based on an assumption?
10
MR. SWEETAPPLE: Form.
11
THE WITNESS: I can't say what everything
12
was based on. That's mine.
13
BY MR.
O'BOYLE:
14
Q.
Yeah. No, no. You just said I -- I assume, so
15
I -- I
wanted to --
16
A.
Yes.
17
Q.
-- make sure. Are there any facts within your
18
personal knowledge --
19
A.
I don't know.
20
Q.
-- that are not assumptions?
21
MR. SWEETAPPLE: Form.
22
THE WITNESS: I don't know.
23
BY MR.
O'BOYLE:
24
Q.
Okay. So when number three says others have
25 1 inundated the Town, do you have any names of who these
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2 A. They're on that log you're looking at. I
3 can't think of the names right offhand.
4 Q. So --
5 A. I'm drawing a blank. It's been a while since
6 I've seen the other names, but I know they're on the
7 log.
8 Q. Okay. Mike Deeson?
9 A. No.
10 Q. No. Patsy Randolph?
11 MR. SWEETAPPLE: Asked and answered. You've
12 asked both these names already. Are you going to
13 break for lunch at some point?
14 MR. O'BOYLE: If you guys want to.
15 MR. SWEETAPPLE: Yeah. Tell me when
16 you're -- are you about through or how long do
17 you expect to go?
18 MR. O'BOYLE: I expect to go as long as I
19 need to go line by line for affirmative defense
20 number three to get all the --
21 MR. SWEETAPPLE: Can you give me --
22 MR. O'BOYLE: -- knowledge known by the
23 Town.
24 MR. SWEETAPPLE: Can you give me a time
25 period so I know whether or not you're going to
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1 finish before we should break for lunch or should
2 we break for lunch?
3 MR. O'BOYLE: We should break for lunch,
4 yeah.
5 MR. SWEETAPPLE: Okay. Let's do that. Want
6 to do it now or are you at a time --
7 MR. O'BOYLE: I'm --
8 MR. SWEETAPPLE: Or you want to keep going?
9 MR. O'BOYLE: Yeah, I'm -- I'm fine because
10 I might want to print out this records log so we
11 can go through it.
12 MR. SWEETAPPLE: Okay. Good. All right.
13 Come back at two?
14 MR. O'BOYLE: Two, yeah, that's fine.
15 That's fine with me.
16 (A luncheon recess was taken.)
17 BY MR. O'BOYLE:
18 Q. All right. Miss Avery, you realize you're still
19 under oath?
20 A. Um-hmm.
21 Q. All right. Perfect. Okay. So where we left
22 off was how the Town determines whether a request or a
23 requestor is made in bad faith. Do you -- do you recall
24 us leaving off there?
25 MR. SWEETAPPLE: Form. Do you have a
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pending question?
BY MR. O'BOYLE:
Q. Yeah. Do you recall us leaving off there?
A. It was --
MR. SWEETAPPLE: Form.
THE WITNESS: -- around there, yes.
BY MR. O'BOYLE:
Q. I'm sorry. I didn't hear you. You -- you --
A. Around there.
Q. Okay. And what was the criteria used to
determine whether somebody made a request in bad faith?
MR. SWEETAPPLE: Form.
THE WITNESS: I don't think there was any
criteria, per se. It was just how we felt. I
mean being inundated we felt that was basically
abuse.
BY MR. O'BOYLE:
Q. Abuse, what do you -- what do you mean by abuse?
A. Abuse of this -- the law. The public record
law.
Q.
And
how you distinguish abuse
from use?
A.
Not
necessarily that it's not
that you can
get it.
I'm
not saying you can't have
it, but when
you're
inundating people just to claim
public, you
know, record
law and use it to prevent,
you know --
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1 claim you want records, but inundate somebody so they
2 can't provide those records in a timely manner, that
3 to me is abuse.
4 Q. Okay. Does -- does it change the Town's
5 position -- recognize you -- you're speaking for the
6 Town.
7 MR. SWEETAPPLE: Object to the form.
8 BY MR. O'BOYLE:
9 Q. Does it -- does it change the Town's position if
10 requestors asked -- you know, asked questions to their
11 public officials before making records requests?
12 MR. SWEETAPPLE: Form.
13 THE WITNESS: Can you elaborate a little
14 more?
16
Q. Sure.
If somebody
said I would like to know
17
this particular
information,
--
18
A. Okay.
19
Q. -- whatever it is.
How the speed limit is in
20
the Town. Just
something.
And they were not given that
21
information.
22
A. Okay.
23
Q. And then they were
told to make records
24
requests.
25
A. Okay.
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Q. Is that -- is it -- is that abusive if they
follow that path?
MR. SWEETAPPLE: Objection. Hypothetical.
Legal conclusion.
THE WITNESS: I would think not, but -- I
don't believe so.
BY MR. O'BOYLE:
Q. Okay. So if a -- if a -- if a records request
contained a question --
A. Okay.
Q. -- in it, it said answer this question or
respond to this records request and the Town chose to
respond to the records request, I guess is that a sign
of bad faith?
MR. SWEETAPPLE: Objection. Hypothetical.
THE WITNESS: No.
BY MR. O'BOYLE:
Q. Okay. So if there was a request that actually
asked a question and said answer this question, but --
or else you can follow up with this records request,
that would in no way be considered abusive?
MR. SWEETAPPLE: Form.
MR. O'BOYLE: Okay.
THE REPORTER: And your answer was?
THE WITNESS: No.
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109
BY MR. O'BOYLE:
Q. And likewise, if somebody went to a Town
commission meeting and asked questions and they were
told we're not answering your questions and then they
had to make records requests, that would not be abusive?
MR. SWEETAPPLE: Form.
THE WITNESS: I don't -- the act of putting
the records request in?
BY MR. O'BOYLE:
Q. Sure, or --
A. Or something --
Q. Or having to make records requests because a
question was not answered.
A. I don't think the act of putting a records
request in is abuse, no.
Q. Okay. So -- so let me -- let me -- let me back
up. How -- how -- so what abuses are being alleged by
the Town?
A. Being inundated with 20 to 30 in a day. 50
to 60 in a day every day. 320 in a day. When you get
a large number and it's, you know, almost every day to
me is inundating.
Q. Okay. And what actions has the Town taken to
help to mitigate that? To help -- I'm sorry. This is
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1 abusing language here. What actions has the Town taken
2 affirmatively to -- to reach out to the requestors --
3 MR. SWEETAPPLE: Form.
4 1 BY MR. O'BOYLE:
5
Q.
-- and to see if
the question can be answered?
6
A.
I don't know. I
don't quite understand.
7
Q.
Sure, sure. So,
and maybe -- maybe this
8
isn't --
maybe it's natural to me. You can -- you can
9 1 tell me if it's not
10 A. Are you saying because of like if a person
11 has a question of what they want and they think the
12 way they're going to get their question answered is by
13 asking multiple records requests in order to answer
14 that one question?
15 Q. Right. So there's -- so --
16 A. So how are we -- to me I would say none
17 because you can't -- if someone puts a records request
18 in, you don't know what their reasoning for asking for
19 that records request is, so there's -- to ask
20 somebody, well, do you want it because of this or what
21 are you trying to get at, you can't do that, you know.
22 I mean you could say can you clarify what
23 would you like, but that -- usually that's if you're
24 not understanding what the records request is asking.
25 If you think you have a good idea of what they're
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asking, I don't see why you would ask for
clarification.
Q. Sure, sure, sure. And I -- and I guess --
A. I wouldn't see why you would ask --
Q. And if --
A. -- what do you want if you have an idea of
what they're asking within the records request.
Q. Right. So -- so if -- so you think that -- that
the law does not allow for the Town to pick up the phone
and say -- and to inquire into or respond to an email or
to inquire into a requestor's intent? Not saying that
they have to tell you, but did -- does the law prevent
the Town from asking, hey, --
A. I don't know the law that well.
Q. -- is there anything that we can do?
A. I don't know the law.
MR. SWEETAPPLE: Form. Legal conclusion.
Hypothetical.
THE WITNESS: I don't know. I don't know.
BY MR. O'BOYLE:
Q. Okay. Is Lou Roeder included on this list of
people with -- who've inundated the Town in bad faith?
MR. SWEETAPPLE: Object to form.
THE WITNESS: He's not physically listed
right there. My personal feeling is he's
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1
involved,
yeah. He's asked many records requests
2
for Mr. O'Hare,
in addition to Mr. O'Hare,
so,
3
yeah. My
personal feeling.
4
BY MR. O'BOYLE:
5
Q. Okay.
And that's because he's asked
and the
6
basis of that
-- correct me if I'm wrong, the
basis of
7
that is because he's making requests on behalf
of Chris
8
9
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,9106VF Ti Xi
A. I don't -- I mean I don't -- I'm just saying
they're -- the group is basically all together. You
know, whether they're in for the same reasons I'm
not -- I don't know, but I would -- I mean, yeah,
because most the time he does say on behalf of and
he's in there as well, but those are my personal
feelings.
Q. Okay. Do you know if anyone else shares that
feeling?
MR. SWEETAPPLE: Form.
THE WITNESS: There might be. I don't know.
BY MR. O'BOYLE:
Q. Okay.
A. I mean we don't discuss in great deal. I
mean we're all frustrated, but we don't go into great
detail.
Q. Okay. And let me -- let me follow up on that.
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When you say frustrated, can you tell me a little bit
more about that? What -- what does that mean to you?
A. I can tell you on behalf of me it's
frustrating because we're hired at the Town to do a
job and we have regular job duties that have to be
done throughout the day. Granted records requests are
part of the job, but when you get an excess of the
norm -- and I've worked in other towns and I've seen
records requests come through and I've never seen them
come through I mean excessive.
When you get that you can't tend to your
normal everyday work that has to be done for the Town.
You're focused on these because you don't want to get
sued. So your whole focus of your job shifts, which
is what had happened to me because I couldn't
concentrate on finances because I was having to deal
with these, so it's frustrating.
You know, you can't do your normal everyday
stuff because you're having to do the records
requests. You're having to deal with litigation. All
that other stuff. Making sure you don't have to deal
with any more being sued, so it's frustrating.
Q. Have you ever been sued personally?
A. No, I have not.
Q. Okay. And when -- when you said you express --
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1 did you express your frustration to any of your
2 superiors?
3 A. Yes.
4 Q. Okay. And -- and can you tell me a little bit
5 about that?
6 A. I just expressed that it's frustrating that,
7 you know, you get caught up -- not caught up, you get
8 to a point and then you get bombarded with more, so
9 you're back to trying to, you know, get back on track
10 and get them fulfilled again and it's just a
11 never-ending thing and it's frustrating because I want
12 to be able to get to other things that, you know, I
13 intend to do for the Town.
14 One of my other projects is helping with
15 getting the stuff on-line. I'd love to get all that
16 stuff digitalized. I hate paper and to get it
17 digitalized is one of my main goals when I came to the
18 Town. I would love to be able to get back to that
19 job, but I can't, you know.
20 Q. When you say you can't, why -- why not?
21 A. Because you have to deal with records
22 requests.
23 Q. Okay.
24 A. I have to get them in. Get them to the
25 proper people. Follow up on them. You know, it's a
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constant -- constant working on it, you know.
Q. So have there in these -- in these -- would
you -- would you consider it a report? Do you report to
your superiors that you're frustrated? Do you put in a
complaint?
A. No, I don't put anything, you know --
anything in writing or anything. I just -- you know,
they see it. They walk by. They see me.
Q. Okay.
A. You know, I got a headache. I'm running to
go get a Tylenol. You know, every once in a while
it's like, you know, I got another one. You know,
they tell me I've got another one in and so, you know,
it's frustrating.
Q. So what -- when you have these conversations
with your superiors or anybody who's in the Town who's
dealing with this, are -- are there any solutions
discussed?
A. There's no real solutions. I mean it's
answer the records request.
Q. Sure, no. And -- and -- and one of the things I
was -- that came to my mind was, I don't know if this
was ever discussed, passing on the costs of the
temporary employee or a temp to the requestor.
A. I don't think that would be possible. The
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1 temporary employees are not going to know, you know,
2 where to find things. Who to address for certain
3 things. The temporary employees don't really get too
4 much into the -- the daily functions of the Town.
5 They're given stuff, scan this, put it on, and that's
6 pretty much it.
7 You know, they don't get into the daily
8 functions. She may answer the phone here and there,
9 you know, direct the phone calls, but I don't think
10 that involving a temporary in something like that
11 would be -- it would not be feasible.
12 Q. Okay. Wait. So it's -- it's not feasible to
13 pass off the -- the costs of a temporary worker to the
14 requestor?
15 MR. SWEETAPPLE: Form.
16 THE WITNESS: But she's not an employee and
17 it's supposed to be the lowest paid employee and
18 she's a contract. She's not an actual employee,
19 so that's why we don't use her rate.
20 BY MR. O'BOYLE:
21 Q. Is it lower than the lowest paid employee?
22 A. I'm sure it is.
23 Q. Okay. But -- and maybe -- maybe I'm not being
24 too clear here, but there's never been a discussion of
25 let's pass off -- we're going to have to hire a temp to
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help. Let's pass this cost off to the requestor?
MR. SWEETAPPLE: Form. Asked and answered.
THE WITNESS: There's no sense in that
because she's not doing that work. So are you
saying to have the requestor pay for a temporary
person to come in?
BY MR. O'BOYLE:
Q. Yes, yes.
A. I don't see how that would be possible
because they would have to, you know -- I don't think
it's -- I don't think that's been ever considered. I
don't see it being possible.
Q. Okay.
A. I mean I really don't know.
Q. So -- so if -- if it was considered, would --
would you be part of the discussions?
A. I'm sure, but only just to, you know --
THE REPORTER: Please take your hand away.
THE WITNESS: I'm sorry.
BY MR. O'BOYLE:
Q. Yeah.
A. Only for the -- not in probably making the
decision, but in the fact of I'd have to adjust my
templates and stuff like that.
Q. Okay. And -- okay. So -- so going back to
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1 this -- this class or this group of let's say bad faith
2 requestors, I -- I have the people listed here. I have
3 Mr. Lou Roeder is included as well?
4 A. Yeah.
5 Q. Okay. Is there anybody else?
6 MR. SWEETAPPLE: Form.
7 THE WITNESS: I've -- I thought of a few
8 more. It's like CG Acquisitions, Asset
9 Management -- or I'm sorry, Asset Enhancements,
10 Martin -- or I'm sorry. Commerce Group, Commerce
11 GP. There's one with guy something. Did I say
12 CG Acquisitions?
13 BY MR. O'BOYLE:
14 Q. I think so.
15 A. Those are just a few that I had thought of --
16 Q. Okay.
17 A. -- when I was....
18 Q. And I guess any other -- let me ask this because
19 I don't want to assume. You attribute -- the CG
20 Acquisitions, Asset Management, do you attribute these
21 business entities to a particular person?
22 A. I don't know if it's a person. I know it
23 goes -- all the responses go back to
24 commerce-group.com, so I associate them with Mr.
25 O'Boyle.
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1
Q.
Okay. That's -- that's fair. So besides those
2
business
entities, is there anybody else? And I'm --
3
and I'm
asking because I want to get a complete list --
4
A.
Yeah, I don't have --
5
Q.
-- so there's no surprises.
6
A.
I can't think of the complete list right at
7
this moment.
I could look at the log if you have that
8
in front
of you and I could name off which ones that
9
go to it,
but top of my head --
10
Q.
Okay. I'm looking at --
11
A.
-- I can't give you the complete list.
12
There's
a lot.
13
Q.
Okay. So I'm looking at 2014 here, --
14
A.
Okay.
15
Q.
-- and I -- I've already asked Lou Roeder, but I
16
have a William
Koch?
17
A.
No.
18
Q.
Okay. And why not?
19
A.
Because I -- he's told me he's not associated
20
with any
of them.
21
Q.
Okay. And I'm assuming you find him credible?
22
A.
I know him.
23 Q. Okay.
24 A. I don't know credible, but I mean I know who
25 he is.
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KELLY AVERY VOLUME
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Q.
Right. Oh,
was -- was his father mayor?
A.
Yes.
Q.
Q.
Okay. So is
that -- is that how you know him?
A.
Yes.
Q.
Okay. Let's
see here. I also have a Tini
Mar --
Tina Martin.
A.
Um-hmm.
Q.
Is Tina Martin
part of the group?
A.
I wouldn't
-- I don't know who she is, but I
wouldn't
assume it,
no.
Q.
Okay. And
here's another one from a Frank
Smith?
A.
I don't
know
who that
is.
Q.
Okay.
So --
so again,
so is there any formula
A. I told you the main things that I look at
that made me come to my assumptions were the emails.
Most of them that go to the commerce -group and the
main -- I mean the main thing that ties me was the
O'Boyle ones.
The O'Hare ones because of the listing that
he gave us that said that, you know, those were
associated with him. Sometimes he had them coming
from him under different names, so that's how I
associated those. I don't know what else.
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KELLY AVERY VOLUME I
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Q. Okay. Let me ask you this. Why was Lou Roeder
not named here?
MR. SWEETAPPLE: Form. Speculation.
THE WITNESS: I didn't type it up, so I
don't know.
BY MR. O'BOYLE:
Q. Thank you. He should have been named here,
though?
A. I -- I don't know. I don't know.
Q. Okay. Who would know?
MR. SWEETAPPLE: Form. Speculation.
THE WITNESS: I don't know.
BY MR. O'BOYLE:
Q. Okay. So if there are names that are -- that
come up, how am I supposed to know what names -- from
this -- from this deposition, how am I supposed to know
what names are included in this class?
MR. SWEETAPPLE: Form.
THE WITNESS: My assumption would be that
the attorneys would speak with each other and you
would know that, but I don't know.
BY MR. O'BOYLE:
Q. So it's the attorneys who are deciding?
MR. SWEETAPPLE: Form.
THE WITNESS: No, but you would have -- I'm
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KELLY AVERY VOLUME I
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sure you guys all have the same list.
THE REPORTER: Was there an objection? I
kind of heard form, but --
MR. SWEETAPPLE: Yeah, I said form --
THE REPORTER: Okay. Thank you.
MR. SWEETAPPLE: -- to the last question.
THE WITNESS: But I don't know. I don't
know.
BY MR. O'BOYLE:
Q. Okay. Would Town Manager Thrasher know?
A. He may. I don't know.
Q. Okay. Would Clerk Rita Taylor know?
A. I don't know. She may.
Q. Okay. Would Rebecca know?
A. Probably not.
Q. Okay. Would any of the commissioners know?
A. I don't know.
Q. Okay. Let me -- let me ask this. Number 3, was
this a document or a paragraph -- was this just -- was
this prepared by attorneys?
MR. SWEETAPPLE: Form. Speculation.
THE WITNESS: Number 3?
BY MR. O'BOYLE:
Q. Um-hmm.
A. It wasn't me.
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KELLY AVERY VOLUME I
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Q. Okay. So you don't know who prepared this?
A. No.
Q. You were not asked to help prepare this?
MR. SWEETAPPLE: Form.
THE WITNESS: There was feedback, yes. We
all --
BY MR. O'BOYLE:
Q. What do you mean there was a feedback?
A. From the Town. I mean we gave our feedback
to the attorneys --
Q. Okay.
A. -- and that's how -- well, I don't know who
did this.
Q. Okay. And when you say feedback --
MR. SWEETAPPLE: Don't -- don't disclose any
communications you've had with any of the Town's
counsel, okay.
BY MR. O'BOYLE:
Q. Are there any facts that the Town plans to use
at trial that are not included in Number 3?
MR. SWEETAPPLE: Form. Speculation. Work
22 1 product.
23
24
25
THE WITNESS: I don't know.
BY MR. O'BOYLE:
Q. Okay. So, and -- and -- and please be honest.
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KELLY AVERY VOLUME I
CITIZENS AWARENESS VS. TOWN of GULF STREAM
MR. SWEETAPPLE: Move to strike.
THE WITNESS: I've been honest the whole
May 18, 2016
124
time.
BY MR. O'BOYLE:
Q. Okay. Okay. What knowledge can you give me of
facts that are outside of this writing that I have in
front of myself and the one that you have in front of
your -- yourself, number three, Plaintiff's bad faith?
MR. SWEETAPPLE: Form. Asked and answered.
THE WITNESS: I've answered this already.
BY MR. O'BOYLE:
Q. Okay. And -- and the answer is -- is the --
A. The same answer I've given before.
Q. But please correct me if I'm wrong, which is you
cannot give me any information past this piece of --
MR. SWEETAPPLE: Form.
BY MR. O'BOYLE:
Q. -- this document?
MR. SWEETAPPLE: Form. Form.
THE WITNESS: I've given you an answer.
MR. SWEETAPPLE: Don't, don't. Asked and
answered five or six times now.
MR. O'BOYLE: Okay. What's the answer,
Mr. Sweetapple?
MR. SWEETAPPLE: Okay. I'm not going to
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1 testify.
2 BY MR. O'BOYLE:
3 Q. Okay. What's the answer, Miss Kelly Avery?
4 MR. SWEETAPPLE: She's already --
5 THE WITNESS: The same answer I've given you
6 before.
7 BY MR. O'BOYLE:
8 Q. Which is?
9 MR. SWEETAPPLE: She's given you --
11
Q.
Which is?
12
A.
Oh, my God.
13
MR. SWEETAPPLE: Objection. Asked and
14
answered. It wasn't even one answer. It was
15
multiple answers.
16
BY MR.
O'BOYLE:
17
Q.
So what else outside of --
18
A.
Nothing else.
19
Q.
-- number three? Nothing else?
20
A.
Nothing else than what I've told you.
21
Q.
Okay. So if I go through this deposition
22
transcript --
23
A.
You'll find it.
24
Q.
And if anybody says anything else at any
25 1 time,
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CITIZENS AWARENESS VS. TOWN of GULF STREAM 126
1 MR. SWEETAPPLE: Form.
2 BY MR. O'BOYLE:
3 Q. -- then that would mean --
4 A. I'm telling you what I know. My personal
5 opinion.
6 Q. Right.
7 A. That's my answer.
8 Q. Okay.
9 MR. SWEETAPPLE: Form.
10 BY MR. O'BOYLE:
11 Q. And you're -- you're here on behalf of the Town?
12 MR. SWEETAPPLE: Form. Asked and answered.
13 That's half a dozen times now. Please don't make
14 me file a motion.
15 THE WITNESS: I'm answering answers (sic) as
16 best of my knowledge.
17 BY MR. O'BOYLE:
18 Q. Okay. But you didn't include Lou Roeder when I
19 first asked.
20 MR. SWEETAPPLE: Objection. Asked and
21 answered.
22 THE WITNESS: You didn't ask about Lou
23 Roeder when you first asked me.
24 BY MR. O'BOYLE:
25 Q. Okay. May -- maybe I'm not being clear. I want
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1 to know everything about paragraph number three,
2 everything. Everything that the Town knows about it.
3 All facts.
4 A. I can only tell you what I've already told
5 you. The bad faith is when you guys inundate us with
6 records in order to prevent us from answering on time.
7 Q. And how do you know that?
8 A. That's my personal feeling. I told you that.
9 Q. Okay. So you have no knowledge that that is the
10 case?
11 A. No knowledge of what?
12 MR. SWEETAPPLE: Objection.
13 BY MR. O'BOYLE:
14 Q. That your -- that requests were being made to
15 1 prevent
16
A.
I told you that
was my assumption.
17
Q.
Okay.
18
A.
That's how we felt.
That's how -- we get
19
inundated
with all these
records. That's how we --
20
how I feel.
21
Q.
Right.
22
A.
Because it's known
that there's only a select
23
couple
people doing this
and you can only answer so
24
many at
a time under the
certain time frames that we
25
have of
working hours and
days, then we're to be
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1
inundated
20, 30 a day every day, it's hard to keep
2
up.
3
Q.
Okay.
4
A.
That's my reasoning for why I think that it's
5
all done
in bad faith. I could be completely wrong.
6
Q.
Okay.
7
A.
But I'm saying that's my feeling of why we
8
feel that
way.
9
Q.
Okay. And -- and what inquiry have you or the
10
Town made
to verify your assumption?
11
MR. SWEETAPPLE: Objection. Work product.
12
THE WITNESS: I haven't made any.
13
BY MR. O'BOYLE:
14
Q.
Okay. Do you know if anybody in the Town has
15
made any
inquiry?
16
MR. SWEETAPPLE: Objection. Lawyer -client
17
work
product.
18
BY MR. O'BOYLE:
19
Q.
Is the answer you don't know?
20
A.
I don't know.
21
Q.
Okay. Is Quinn Mikolos (phonetic) part of the
22
group?
23
A.
I don't believe so.
24
Q.
Why not?
25
A.
Because I've only gotten maybe one or two
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1 from him. It's not been a repeat thing.
2 Q. So if somebody is a repeat --
3 A. No. That -- that's not my justification, no.
4 I just -- I -- I don't feel that. You know, I don't
5 get that feeling that he is. I know he's a resident.
6 I don't know much else about him. He's done a couple
7 requests, but nothing major and I just don't see it
8 as -- I mean I could be completely wrong. I don't
9 know. I really don't. That's not how I feel.
10 Q. Okay. And Anthony Graziano?
11 A. No, I don't feel that.
12 Q. And why not?
13 A. Just because I don't. He didn't strike me
14 as -- when I hear him speak in commission meetings,
15 he's trying to get it to stop, so I don't think he'd
16 be saying that if he was involved.
17 Q. I'm -- I'm sorry. You said something about --
18 I'm sorry. Can you repeat that? A commission meeting
19 and something about --
20 A. In commission meetings he's commented that he
21 wishes this whole thing would go away or it would
22 stop, so I don't think that he's involved in it. I
23 could be wrong.
24 Q. When you say this thing, what is this thing?
25 A. The lawsuits.
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KELLY AVERY VOLUME I May 18, 2016
CITIZENS AWARENESS VS. TOWN of GULF STREAM 130
Q.
And
which lawsuits?
A.
All
of them. He's never
indicated specific
ones.
Q. Okay.
A. At least I don't recall.
Q. So because Mr. Graziano has said that he wants
the lawsuits to stop, --
A. Um-hmm.
Q. -- you conclude that he is not making requests?
A. That's an assumption. I'm not saying he's
not making requests. I'm just saying I don't believe
he's part of this group.
Q. Okay.
A. I could be wrong. I don't know.
Q. Right. And -- and you must understand, just to
be clear, I'm trying to figure out how -- you know,
what's the group, so to the extent that you could help
me out with that, that'd be all right.
I see here on one of the 2014's a William
Boardman. Is he part of the group?
A. I don't believe so.
Q. And how would we know this?
A. Just because I know that he's told me that
he's not associated, so....
Q. Oh, so you -- so you've spoken with him about
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KELLY AVERY VOLUME I
CITIZENS AWARENESS VS. TOWN of GULF STREAM
this?
May 18, 2016
131
A. He was on our ad hoc committee.
Q. Okay. And does the ad hoc committee deal with
public records?
A. No. They've been the -- not the recipient,
but they've been the subject of many public records.
Q. Oh, okay. And so I guess why would somebody on
an ad hoc committee make a records request --
MR. SWEETAPPLE: Form. Speculation.
BY MR. O'BOYLE:
Q. -- when they could just ask for --
A. Well, anybody can ask. It doesn't matter if
you're on any kinda committee. You can ask for a
records request.
Q. Okay. How about a Michelle, Jeff Sloan and
Associate?
A. I have no idea who that is. I don't know.
Q. Okay. But they are not on the list?
A. I don't assume so, no.
Q. I'm -- I'm sorry. I didn't hear you.
A. No, I don't assume them to be so.
Q. Okay. So let me ask this. To get on the list
do you have to make -- how many records requests do you
have to make?
A. There's no -- that's not what I said in the
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KELLY AVERY VOLUME I May 18, 2016
CITIZENS AWARENESS VS. TOWN of GULF STREAM 132
beginning. I said the way I grouped them together was
because of the email address, the association between
everybody and the admittance of other alias names.
That's how I put them all together and came up with a
group.
Q. Okay. And when you say --
A. That was it.
Q. And when you say association, what -- what
association -- what -- what are you determining to be an
association?
A. Well, when two people file lawsuits together,
when they do public records -- when they come in and
ask for public records together, I don't know, I just
assume that they're together. They're working
together, you know, and that's an assumption. I could
be wrong.
Q. Okay.
A. But that's my belief.
Q. Okay. So you have -- have seen Lou Roeder and
myself make -- come in and make requests together?
A. I'd see you two. Not together.
Q. Okay.
A. If you have I don't remember you being in
there together, no.
Q. Okay. So is there something more than just
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KELLY AVERY VOLUME I
CITIZENS AWARENESS VS. TOWN of GULF STREAM
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133
seeing two people together?
MR. SWEETAPPLE: Form. Asked and answered.
THE WITNESS: I said it. I said the
association. The email addresses.
BY MR. O'BOYLE:
Q. Sure.
A. And the admittance of the aliases. Those are
the things I went off of. I don't know how many more
times I can say it.
Q. You -- you said, what was the word, admittance?
A. Admittance.
Q. What -- what is -- I'm sorry, what does that
mean?
A. Mr. O'Hare had sent an email and I don't
remember to who or what it was regarding stating that
certain -- he had listed all these different names
that he had used for records requests. It wasn't
major. That was it.
Q. Okay. I -- I don't know how -- yeah.
A. Yeah, that was it.
Q. Okay. Pete DeLeo (phonetic)?
A. I don't know who that is.
Q. Okay. So not part of the group?
A. No.
Q. Okay.
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KELLY AVERY VOLUME
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134
A. It's a long list.
Q. It is and I think we're going to find out who's
on the list and why. Let's see. A June Ellis?
A. I don't know who it is.
Q. Okay. How about a John Brewer?
A. It sounds like one of the ones that was an
O'Hare alias.
THE REPORTER: It sounds what?
THE WITNESS: Like an O'Hare alias, but I
could be wrong.
BY MR. O'BOYLE:
Q. Okay. It says John Brewer, architect@gmail.com.
A. I have no idea who it was.
Q. Okay. Is the Town able to respond to requests?
Have they been physically prevented from responding?
A. No.
Q. Okay. Has the Town's clerk's office ever been
closed due to requests?
A. No.
Q. You laugh like that's almost an absurd
assertion.
A. No, but I'd like to.
Q. Hey, fair. Fair enough. So I'm -- I'm reading
here that Plaintiff's conduct -- and this is the final
sentence of three. That Plaintiff's conduct was at all
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1 times designed to prevent and (sic) frustrate compliance
2
by the
Defendant. Is that true?
3
MR. SWEETAPPLE: Object to the form. Asked
4
and answered.
5
THE WITNESS: I believe so.
6
BY MR.
O'BOYLE:
7
Q.
So, and let me -- let me say this in another --
8
in another
(sic) words because I'm -- I'm having a hard
9
time understanding it. That this Plaintiff's conduct
10
sought
records, but expected no records to be --
11
A.
No.
12
Q.
-- produced?
13
A.
I don't think so.
14
Q.
Okay. So when they sought records, they -- they
15
did want records?
16
A.
Of course they want records.
17
Q.
Okay. I just -- I could read this a couple
18
different
ways and I just -- I want to make sure. Okay.
19
Now, in
the middle of the -- the sentence -- and I'm
20 sorry, the paragraph, it says Plaintiff and its
21 coconspirators and agents have jammed the clerk's office
22 with dozens of obscure and complex requests submitted
23 the same day. Do we know which day that is referring
24 to?
25 A. Well, it's probably the day that we got 320
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1 in one day.
May 18, 2016
136
2 Q. Which --
3 A. Which was in 2013.
4 Q. That was in 2000 --
5 A. That day I know we got at least -- I don't
6 remember. It was more than one. I can tell you that.
7 I know just from Citizens Awareness we received at
8 least five that day.
9 Q. So -- so Citizens Awareness sent in dozens on
10 February 19th, 2014?
11 A. Not dozens that day. There was other ones
12 from other portions of that group that sent some that
13 day.
14 Q. Okay. So -- so is this a misstatement then?
15 That Plaintiffs (sic) and its coconspirators jammed the
16 office with of dozens of obscure and complex requests
17 submitted on the same day?
18
MR. SWEETAPPLE: Form.
19
THE WITNESS: I don't think it was
referring
20
to
that day.
21
BY MR.
O'BOYLE:
22
Q.
Okay. So it may be at some other
day, but --
23
A.
Yes.
24
Q.
And that other day could have been
in 2013?
25
A.
It could have been. It could have
been any
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1
other
day. There was many that were received,
you
2
know,
60 in one day.
3
Q.
Okay. But this sentence that we just
read
4
cannot
refer to February 19th?
5
MR. SWEETAPPLE: Object to the form.
Best
6
evidence.
There's charts and graphs.
7
THE WITNESS: I would say no.
8
BY MR.
O'BOYLE:
9
Q.
Okay.
10
A.
Not from that -- Citizens Awareness,
no.
11
Q.
Okay. Could it also be from whatever
12
coconspirators as well?
13
A.
It could have been. I don't remember
exactly
14
how many were received on that day, but I know
just
15
from them it was five for that day.
16
Q.
Okay.
17
A.
But that sentence I don't believe is
18
referring
to that particular day.
19
Q.
Which day is it referring to?
20
MR. SWEETAPPLE: Form.
21
THE WITNESS: I don't know.
22
MR. SWEETAPPLE: Predicate.
23
BY MR.
O'BOYLE:
24
Q.
Okay. So I guess why is it in here?
25
MR. SWEETAPPLE: Form. Speculation.
Legal
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KELLY AVERY VOLUME I
CITIZENS AWARENESS VS. TOWN of GULF STREAM
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conclusion.
BY MR. O'BOYLE:
Q. Why did the Town put this in here then?
A. I don't know.
MR. SWEETAPPLE: Form. Put in by the
lawyers.
MR. O'BOYLE: Okay.
MR. SWEETAPPLE: It's a pleading.
BY MR. O'BOYLE:
Q. So what facts support this sentence?
MR. SWEETAPPLE: Objection. Asked and
answered. Best evidence.
THE WITNESS: As I said before, receiving
multiple requests on day -- the same day has
happened many days.
BY MR. O'BOYLE:
Q. So if -- if this -- if -- if the Town received
dozens of obscure and complex requests in 2016, what
does that have to do with this request?
MR. SWEETAPPLE: Object to the form. Asked
and answered.
THE WITNESS: I don't know.
BY MR. O'BOYLE:
Q. Could the answer be nothing?
MR. SWEETAPPLE: Form.
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KELLY AVERY VOLUME
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THE WITNESS: I don't know.
May 18, 2016
139
BY MR. O'BOYLE:
Q. You don't know if it's --
A. I -- I don't know.
Q. Okay. So you'd be absolutely guessing if you
were to tell me this has nothing to do with -- this
request for --
MR. SWEETAPPLE: Form. Legal conclusion.
THE WITNESS: I'm not guessing on anything.
MR. SWEETAPPLE: Legal conclusion.
THE WITNESS: I do know that.
BY MR. O'BOYLE:
Q. I'm -- I'm sorry?
A. I don't want to guess on that question.
Q. Okay. So we'll just leave it as you don't know.
A. Works for me.
MR. SWEETAPPLE: Note my objection. That's
a legal conclusion.
MR. O'BOYLE: To don't know is a legal
conclusion?
MR. SWEETAPPLE: Yeah, as to your question
it's a legal conclusion as to what's relevant.
It's for the court to decide if 2016 shows a
pattern and practice or not.
THE REPORTER: What 16?
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1 MR. SWEETAPPLE: If 2016 conduct is part of
2 a pattern and practice, it's for the court to
3 decide if that's admissible or not. Not for this
4 witness.
5 1 BY MR. O'BOYLE:
6
Q.
Okay. So the next sentence says have jammed the
7
Town's fax
machine and personally
-- well, let me -- let
8
me go back.
That was in
2013, though; right?
9
A.
Correct.
10
Q.
Okay. And that
was prior to a settlement?
11
A.
Correct.
12
Q.
Okay. So that has nothing to do with this case?
13
MR. SWEETAPPLE:
Objection. Asked and
14
answered.
All those
questions have been asked
15
and
answered also.
16
THE WITNESS: I
don't know what legal issues
17
that
has on the case.
I don't know.
18 1 BY MR. O'BOYLE:
19 Q. Okay. So, and personally occupied and
20 monopolized the clerk's office. What does personally
21 occupied and monopolized the clerk's office mean?
22 A. Occupying all of our time.
23 Q. So it's an occupation in terms of the time only?
24 A. Time and effort on all of our off -- all of
25 our job duties.
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KELLY AVERY VOLUME I
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Q. Okay. So no -- nobody physically occupied the
clerk's office?
A. No.
Q. Okay. Whenever I think about Occupy Wall Street
I just --
A. No.
Q. -- I just want to make sure that you're not
talking about alleging that here.
MR. SWEETAPPLE: Object to form.
THE WITNESS: No, I'm not.
BY MR. O'BOYLE:
Q. Sitting in. Okay. When it -- when it says
personally occupied, who -- who personally occupied?
Which person I guess?
MR. SWEETAPPLE: Form. Occupied what? The
space? Her time? Which?
THE WITNESS: What are you referring to?
BY MR. O'BOYLE:
Q. This sentence alleged by the Town which says
or halfway through it says and personally occupied and
monopolized the clerk's office.
A. Our entire office is basically referred to as
the clerk's office, which meant all of the personnel
that are within our office.
Q. So --
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1 A. Not the Town clerk's personal office.
2 Q. Okay. Okay. So -- so when -- when -- okay. So
3 when you use the -- the clerk's office here, does that
4 include Mr. Thrasher?
5 A. No. He was involved in answering responses,
6 which I guess if you want to kinds lump him in there,
7 yes, but we consider anything from Rita's office back
8 to be the clerk's office.
9 Q. So that is Rita, Miss Avery, not Rebecca?
10 A. At that time?
11 Q. Yes, at this time. I'm sorry. At that -- at
12 the -- at the time of --
13 A. At that time it would have been Freida.
14 Q. Okay. So it would have been Freida as well and
15 temporary workers?
16 A. Yeah, she was I guess included for scanning.
17 Q. When you say she was included, we're not talking
18 about Freida; right?
19 A. No.
20 Q. Okay.
21 A. At the time this came in, the girl I believe,
22 but I don't remember her name.
23 Q. Okay. Was -- was this -- was -- was the girl
24 from Jones Foster?
25 A. You'll have to be more specific.
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Q. Sure, sure.
A. I know several girls from Jones Foster.
Q. Do you -- do -- okay. Do you know the name Trey
Nazzaro?
A. Yes, I know him.
Q. Okay. And what was -- what was his role?
A. He was an intern.
Q. And about what time period?
A. I would say and I'm trying to -- somewhere
around early 2014. I -- I -- I don't remember when he
started. I wasn't -- wasn't involved in it, so I
don't remember when he actually jumped in and started
helping. To Juneish or July of 2014.
Q. I'm sorry. Who was June or July 2014?
A. That's how long he was there.
Q. Okay. Was -- was he there for this request?
A. He may have been.
Q. Okay. Is he part of the temporary workers that
would help with the public records?
A. No, no.
Q. Okay. So I know that there was Mr. Nazzaro.
Maybe somebody else from Jones Foster, but they had
nothing to do -- that were interns, but they had nothing
to do with public records?
A. They helped with, you know, advising and
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CITIZENS AWARENESS VS. TOWN of GULF STREAM 144
1 stuff like that.
2 THE REPORTER: Please take your hand away
3 from your mouth and repeat.
4 THE WITNESS: They helped with, you know,
5 relaying information to other attorneys for us to
6 get guidance and stuff, but as far as telling us
7 what to do, what to say, --
8 BY MR. O'BOYLE:
9 Q. Okay. So they --
10 A. -- they didn't do the work for us.
11 Q. Did they -- and maybe here's what I'm asking.
12 Are they -- are they physically helping locate --
13 A. Locate, no.
14 Q. -- documents? Copy documents?
15 A. No.
16 Q. Okay. So that -- and I'll call them interns.
17 They are not involved in producing the public records?
18 A. No.
19 Q. They're there on an advisory basis?
20 A. Yes.
21 Q. Okay. So let me see. Where did I leave off?
22 Okay. We were talking about the -- the clerk's office.
23 I apologize. So the entire and I'll -- and I'll call it
24 from 2013 to now, would -- potentially could consist of
25 Mr. Thrasher, Miss Taylor, some of the temporary workers
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1 or maybe all of them who came in to help?
May 18, 2016
145
2
A.
They didn't ever answer any, so I can't ever
3
say that they were involved in that aspect.
4
Q.
Okay.
5
A.
All they would mostly do is help me scan.
6
Q.
Right.
7
A.
I mean that's all they're doing. They're not
8
really
doing anything else, so I don't -- I guess you
9
could say that's helping and assisting, but that's
10
what they're there for. I mean, they're helping me
11
put things on-line.
12
Q.
Okay.
13
A.
A lot of times for records requests, so yes.
14
Q.
So was -- was anybody -- was any requestor ever
15
denied
a record because -- well, for any reason?
16
A.
We don't have it.
17
Q.
Okay. Okay. That -- that's -- that's -- you
18
got me.
You got me.
19
A.
I can't give you what I don't got.
20
Q.
But in the -- in the context of monopolizing
21
the --
the clerk's office, was anybody ever denied a
22 1 record?
23 A. I can't say we denied. I know there was a
24 portion of the time where we said that we would
25 produce records once a certain amount of money was
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KELLY AVERY VOLUME I May 18, 2016
CITIZENS AWARENESS VS. TOWN of GULF STREAM 146
paid because of somebody owing money, but then that
changed and we decided to go a different route in
order to get records produced.
Q. Is -- is this a charging and estimation policy?
A. Is what?
Q. You just mentioned something -- a change in a
charging policy.
A. Before me there was records that was produced
and never picked up and so records requests that came
in afterwards I believe were -- a letter went out and
said that, you know, once this other amount has been
paid we will produce the records, but as far as
denying anybody, no, I can't say that we've ever done
that.
Q. Okay. So -- so when -- when -- when the Town
says here monopolize, they -- they did not have to
exclude anybody, any requestor?
A. No.
Q. Okay.
A. No.
Q. And let me -- you know, you -- you mentioned
frustration earlier and I'm curious was there any
policy discussions over maybe changing a first in first
out?
A. The only thing that we -- what I finally
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1 was -- and there was an agreement between all of us,
2 me because I'm mainly doing it, but I didn't like
3 doing the -- I mean I agree we should do first in
4 first out. That I agree completely, but I agree if
5 one comes in and it's something I can get in less than
6 15 minutes, I would much rather get it off my list
7 than have it sitting there when it's something easy I
8 can fix, so we did agree with that and I was able to
9 get those quick ones out. So if something comes in
10 and it's quick and I can grasp it within less than 15
11 minutes, I get it out. If it's not then it goes, you
12 know, in line of first in first out.
13 Q. Okay. So -- so there's this -- and I will call
14 it a triage, if you understand that word. It's like a
15 medical word.
16 A. Yes.
17 Q. Okay. So if it's like less than 15 minutes, do
18 it right away and then otherwise it's sort of take a
19 number?
20 A. Um-hmm.
21 Q. But there has not been any discussion of making
22 multiple tiers. If something looks like it's
23 15 minutes, and I'm just going to give you an example,
24 we respond right away. If something looks like it's
25 going to be an hour to two hours, put that over here.
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148
1 If something looks like it's going to take a couple
2 days, I'm going to put that over here --
3 A. No.
4 Q. -- and work with somebody on that?
5 A. No, it's either if it can be answered
6 quickly, we do it here. If not then it's just....
7 Q. Okay.
8 A. Because I'm not the -- I'm not the one that
9 estimates this can only take an hour or this is going
10 to take a few days. I'm not the one that makes that
11 estimation, so I can't put it in those tiers.
12 Q. Okay.
13 A. You know, if they're going to different
14 people, I'm not the one who makes that decision and
15 that would be clearly impossible. The only way is if
16 it was within those 15 minutes and I knew exactly
17 where to find that exactly. Like I said, a contract.
18 If it was something I could pull off real quick, I
19 grab it and get it out. If it was an ordinance, grab
20 it. Get it out. But if it's not something I can get
21 quickly, then it goes in -- in the order that we
22 receive them.
23 Q. Okay. Okay. Okay. Are these the only
24 affirmative defenses that the Town -- or defenses that
25 the Town is raising?
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MR. SWEETAPPLE: Object to form.
THE WITNESS: I don't know.
BY MR. O'BOYLE:
Q. Okay. And -- and waiver and estoppel, those
have been dropped?
MR. SWEETAPPLE: Form.
THE WITNESS: It looks like it.
BY MR. O'BOYLE:
Q. Is it -- sorry. Is that a yes?
A. Yes.
Q. Okay. So those -- those are no longer in play;
is that -- is that correct?
A. Um-hmm.
Q. Okay. Now, let me -- may I mark this as I think
we're up to Plaintiff's 4. This is Defendant's Response
(sic) to Plaintiff's Request For Admissions. I'm going
to mark it, Mr. Sweetapple, and give it to you for
review.
(Plaintiff's Exhibit No. 4 was marked for
identification.)
MR. SWEETAPPLE: Thank you.
MR. O'BOYLE: Did we say 4 or 5?
THE REPORTER: 4.
MR. SWEETAPPLE: 4.
MR. O'BOYLE: Let me -- Mr. Sweetapple, I
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1 don't want you to be offended. I don't want to
2 skip you over.
3 MR. SWEETAPPLE: This witness isn't here for
4 this purpose. She's here for the affirmative
5 defenses. These don't relate to that and they
6 speak for themselves. They're filed with the
7 court on behalf of our client. You can go ahead
8 and ask her what you want, but....
9 BY MR. O'BOYLE:
10 Q. Okay. Miss Avery, this is Exhibit --
11 Plaintiff's Exhibit 4. There are three pages to it and
12 please correct me if I'm misstating anything. It's
13 entitled Defendant's Responses to Plaintiff's Request
14 for Admission (sic).
15 A. Okay.
16 Q. Okay. I'd like to -- to direct your attention
17 to number two that -- and correct me if I'm wrong, it
18 says admit that the Plaintiff made a public records
19 request on February 19th, 2014, and the response is
20 admitted; correct?
21 A. Um-hmm.
22 Q. Okay. Is -- is the Town changing that position?
23 Is that not true?
24 MR. SWEETAPPLE: Object to form.
25 THE WITNESS: No.
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KELLY AVERY VOLUME I May 18, 2016
CITIZENS AWARENESS VS. TOWN of GULF STREAM 151
BY MR. O'BOYLE:
Q. Okay. And the Plaintiff being Citizens
Awareness Foundation?
A. Correct.
Q. Okay. That's all I have to --
A. Okay.
Q. -- with this one. Okay. And I just want to be
clear. So Citizens Awareness Foundation is the -- the
correct Plaintiff?
MR. SWEETAPPLE: Object to the form. Legal
conclusion.
THE WITNESS: I can't sav it's correct or
not.
BY MR. O'BOYLE:
Q. Okay. Is -- is that --
A. That's the name that's on there. It says
Plaintiff.
Q. Sure, sure.
A. That's all I can tell you.
Q. And maybe -- maybe we can look through the
request for admissions. Can you maybe go to the last
page and --
MR. SWEETAPPLE: I believe he means the last
page of --
THE WITNESS: Oh, okay.
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1 1 BY MR. O'BOYLE:
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May 18, 2016
152
Q. No, no, no. I mean the -- the terminal page.
A. Okay.
Q. Is there -- there's a signature at the bottom?
A. Um-hmm.
Q. Okay. And that's Joanne O'Connor?
A. Correct.
Q. Is that the -- the Town of Gulf Stream's lawyer?
A. One of them.
Q. Okay. So when you see number two as being
admitted, do you understand that to mean that Citizens
Awareness Foundation is the proper Plaintiff?
MR. SWEETAPPLE: Objection to form. Legal
conclusion.
THE WITNESS: I don't know. I mean I guess.
If that's what she's -- you know, she's
admitting, sure.
BY MR. O'BOYLE:
Q. Okay. Now, was this request subject to a
three-day letter?
A. Subject to as in?
Q. Let me back up here. I'm sorry. When I say a
three-day letter, do you know what I'm talking about?
A. Intake letter?
THE REPORTER: Please take --
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KELLY AVERY VOLUME I
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THE WITNESS: The intake letter?
May 18, 2016
153
BY MR. O'BOYLE:
Q. Yes, yes.
A. Yeah, I would assume so.
Q. Okay. And that -- and that intake letter was
well, why don't you tell me what it was.
A. This one?
Q. Is --
A. I -- I don't --
Q. Is that a three-day letter?
A. March 21st? There's not a -- I mean there's
different ones. I mean, like I said, an intake could
be also combined with a deposit or it could be all of
it. You know, there's no rhyme or reason on just an
intake. It's basically an acknowledgment.
MR. SWEETAPPLE: Just for the record she
held Exhibit 2.
BY MR. O'BOYLE:
Q. Exhibit 2, okay.
A. Going back through when I went to look for
this specific case, I don't remember seeing any other
letter except for the one that came after this, but I
believe this is the one that she put out as her intake
slash, you know -- we -- us in the office consider it
an intake slash deposit or deposit letter.
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Q. Okay.
A. Because it's not a rhyme or reason having the
same intake necessarily. If you already know a quote,
you know, within however long, you can go ahead and
use that. I mean there's no you have to have an
intake, you know. It's just if you already have a
quote, you might as well get it out and save yourself
a step.
Q. Okay. And the -- the -- the difference in
dates, it's March 21 was -- is that the Town's first
response?
A. I believe so.
Q. Okay.
A. And it did -- you know, maybe it did get an
intake, I don't know, and it could have been because
we were inundated. I don't know. I'm not the one
that did it, so I honestly can't say why at that time.
Q. Okay. Would that just --
A. I don't know.
Q. Is that Freida?
A. It would have been Freida, yes.
Q. Okay. So she would be the one who would know --
A. Yes.
Q. -- about this?
A. I couldn't tell you what the reasoning was
OW
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KELLY AVERY VOLUME I May 18, 2016
CITIZENS AWARENESS VS. TOWN of GULF STREAM 155
why it didn't get out until March.
Q. Okay.
A. I couldn't tell you.
Q. Would -- would Rita know about this?
A. She might. I don't know.
Q. Okay.
A. I don't know.
Q. Now, let me maybe back up a little bit here
because I'm going to try to get the structure under my
head. Is -- is Rita the -- or Town Clerk Taylor, is she
the -- the director? Does she -- does everything go
past her desk or does she delegate?
A. She delegates, but as far as records requests
they always have to go through her first because she
has to have knowledge of what's coming in. Granted
when you're inundated you're reading them real quick
and you're not getting the full gist of all of them,
but that's why they have us to put on the log and to
break them down and so that way everybody can get, you
know, what they need to get, but everything does go
through her first. I mean she does delegate other job
duties, but as far as records requests, they all go
through her first.
Q. Okay. And what is -- what is Mr. Thrasher's
role in responding or does he oversee --
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1 A. He's over --
2 Q. -- Town Clerk Taylor or does -- does she --
3 A. Yeah, he -- he's over everybody in the
4 office. He's the town manager, then the town clerk
5 and then everybody else.
6 Q. Okay. And -- but when it comes to public
7 records, is Town Clerk Taylor sort of holding the
8 conductor's wand telling everybody what to do or is that
9 actually Town Manager Thrasher?
10 A. He just likes to know that they're done. You
11 know, he likes to be in charge of the finishing end
12 result, so he likes to have them come from him.
13 Q. Okay.
14 A. Rita knows -- she tells us how to do it, we
15 do it, but not every little step goes through her, no.
16 Q. Okay. And what documents or tangible things are
17 in the possession of the Town to support the allegations
18 in the affirmative defenses?
19 MR. SWEETAPPLE: Form. Work product, but
20 you can answer what you know.
21 THE WITNESS: I mean a lot of things. Like
22 I said, the -- the articles. The statements.
23 The depositions. I would say basically
24 everything that we have. All the records
25 requests. You know, everything that -- I don't
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1 know. I mean there's so much. I mean there's --
2 it could be --
3 BY MR. O'BOYLE:
4 Q. I mean you can give me categories, too. If you
5 say all of our public records request logs, you know,
6 that's a thing.
7 A. I would say all of our public requests, the
8 logs, the depositions, the lawsuits. Just everything
9 that, you know, goes through the Town clerk.
10 Q. Okay. So let me -- let me try to -- to narrow
11 it down. So the public records log supports the
12 allegations in the affirmative defenses?
13 A. Yes.
14 Q. Okay. And how does it support them?
15 A. It provides justification in showing that we
16 get inundated with the multiple requests on multiple
17 days by who -- you know, by where they're coming from.
18 You know, it shows who they are coming from. As far
19 as the -- the lack of standing one I've -- I would
20 say -- you know, like I said, the depositions, the --
21 Q. And when you say the depositions --
22 A. The Chandler depositions.
23 Q. Okay.
24 A. The --
25 Q. And how many are there?
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1 MR. SWEETAPPLE: Form.
2 THE WITNESS: I can only think of two right
3 offhand.
4 MR. SWEETAPPLE: Okay. This has all been
5 asked and answered.
6 THE WITNESS: But that's basically what I
7 would say for those. For the lack of authority,
8 the standing and the --
9 THE REPORTER: I'm sorry? Please --
10 THE WITNESS: For the lack of authority, the
11 standing and the bad faith, those are the items
12 that I would say justified.
13 BY MR. O'BOYLE:
14 Q. Okay. So it was the public record logs. The
15 two -- two Chandler depositions?
16 A. Um-hmm.
17 Q. And do you know who -- who deposed Mr. Chandler?
18 A. Not right offhand I don't.
19 Q. Okay. Is it a deposition taken by Mr.
20 Sweetapple?
21 MR. SWEETAPPLE: Form.
22 THE WITNESS: I think one of them that I
23 recall was one that was done by Mr. Sweetapple's
24 attorney. That's why I remember. And then his
25 statement. I don't know if that's -- a statement
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is considered the same thing as a deposition. I
don't know, but those are the two that I
remember.
BY MR. O'BOYLE:
Q. Again, I'm sorry, you -- you spoke a little bit
low.
A. A statement --
Q. So --
A. I don't know if a statement is considered the
same thing as a deposition, but if it is that's one --
Q. Okay.
A. -- that I remember. And the other one was
the one where it was -- I believe it was Mr.
Sweetapple's attorney that did it, --
Q. Okay.
A. -- but I can't remember.
Q. Do you -- do you remember if Citizens Awareness
Foundation was involved in that case?
A. I don't.
Q. Okay. As in you don't know or --
A. I don't remember.
Q. Okay. Did -- did you know the --
A. Wait. Are you talking about in the case of
what Chandler was talking about?
Q. Yeah, so -- so I have a -- an aff -- a
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1 statement, which I'm going to assume is an aff -- an
2 affidavit of like a couple of pages long.
3 A. Okay.
4 Q. Like 80 (sic) paragraphs maybe.
5 A. Well, the one I'm talk -- I've seen his --
6 okay. I take that back. So there was an affidavit as
7 well because I remember that was just a few pages.
8 Then there was the statement that was a little
9 thicker. And like I said, I don't know if a statement
10 is considered the same thing as a deposition.
11 Q. And -- and what is this -- what was the
12 statement?
13 A. I -- I don't -- all I know is it was talking
14 about how he was -- basically the same thing. I mean
15 it was questions and stuff like that and he was
16 talking about his role in Citizens Awareness.
17 Q. Is this -- and let me ask is -- is this --
18 does -- does it look like it's in the form of a
19 deposition where it's --
20 A. Kinda sorta.
21 Q. -- question, answer?
22 A. Yeah, kinda sorta.
23 Q. Okay. Is it videotaped by any chance?
24 A. That I don't remember if it was the same one.
25 I know I have one that's on the website that is
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1 videotaped, but I don't know if it's the same one.
2 Q. Okay.
3 A. I don't recall which case it was.
4 Q. Okay. And then those affidavits or those
5 statements say that Citizens Awareness Foundation's the
6 wrong Plaintiff?
7 MR. SWEETAPPLE: Object to the form.
8 THE WITNESS: I didn't say that.
9 BY MR. O'BOYLE:
10 Q. Oh, okay.
11 A. No. I'm saying that's what Chandler was
12 talking about in there that supports the reason I'm
13 believing that.
14 Q. Okay. And so if -- so if -- if we had Joel
15 Chandler here today and he said that he authorized this
16 lawsuit, then there would be no more affirmative
17 defenses?
18 A. No, I didn't say that.
19 MR. SWEETAPPLE: Form. Form.
20 BY MR. O'BOYLE:
21 Q. Okay. So -- so even Mr. Chandler's own
22 testimony that he made this particular request as part
23 of Citizens Awareness Foundation, that does not change
24 the Town's position that there's a lack of standing?
25 A. I don't know.
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MR.
SWEETAPPLE:
Form.
Speculation.
2
THE
WITNESS: I
don't
know on that one.
3
THE
REPORTER:
I don't
know what?
4
THE
WITNESS: I
don't
know on that one.
5
MR.
SWEETAPPLE:
Legal
conclusion.
6
BY MR. O'BOYLE:
7
Q. If
Mr. Chandler
again
said --
8
MR.
SWEETAPPLE:
Hypothetical.
o1•■WA01We] i 4119"29
May 18, 2016
162
10 Q. -- I authorized a lawsuit -- this lawsuit to be
11 filed, would there be any issue with lack of authority?
12 MR. SWEETAPPLE: Hypothetical.
13 THE WITNESS: I don't know.
14 MR. SWEETAPPLE: Legal conclusion.
15 THE WITNESS: I don't want to base an
16 opinion on that.
17 BY MR. O'BOYLE:
18 Q. You mean you don't want to guess?
19 A. I don't want to guess.
20 Q. Okay. So let me ask this then. For number one,
21 which is lack of standing, what facts, --
22 MR. SWEETAPPLE: I'm going to object.
23 BY MR. O'BOYLE:
24 Q. -- if any --
25 MR. SWEETAPPLE: You've already done lack of
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1 standing.
2 THE WITNESS: You already --
3 MR. SWEETAPPLE: You've spent -- you've been
4 repeating. Do you have a new question to ask or
5 are you just going to continue to re -ask question
6 after question here to try to run the clock?
7 If you have a new question, fine, otherwise
8 I'm going to have to move to suspend the
9 deposition or to instruct her not to answer --
10 re -answer questions that have been answered half
11 a dozen times. Please move on to something new.
�W Tib`*10
13
Q. What facts, if
any, would change the Town's
14
position --
15
A. I can't --
16
Q. -- on lack of standing?
17
A. I can't say.
18
MR. SWEETAPPLE:
Speculation. Improper
19
question.
20
BY MR. O'BOYLE:
21
Q. Okay. So there
are no set of facts?
22
A. I don't know.
I don't know. As far....
23
MR. SWEETAPPLE:
She's here to answer facts,
24
not to -- not to answer
hypotheticals and
25
speculate.
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1 THE WITNESS: I'm not --
2 MR. SWEETAPPLE: She can only tell what she
3 knows. Not what she thinks about what might
4 happen in the future.
5 THE WITNESS: I told you what I -- what I
6 based on for that and the answer has not changed.
7 I don't know if he -- if he stated something
8 different would our stance change. I don't know.
9 BY MR. O'BOYLE:
10 Q. Sure, sure.
11 A. I'm not the one that makes complete final say
12 on things, so I can't say.
13 MR. SWEETAPPLE: We're going to have a
14 chance to depose Mr. Chandler. We'll have a
15 chance to take depositions.
16 THE WITNESS: I have no clue.
17 MR. SWEETAPPLE: So why don't we just do
18 discovery in the normal process and see what
19 happens. I think there's going to be amended
20 pleadings after discovery. Let's -- let's take
21 discovery and we'll find out what people say.
22 BY MR. O'BOYLE:
23 Q. So is it the Town's position that there's no set
24 of facts at all that could defeat their affirmative
25 defense?
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1
MR. SWEETAPPLE:
Object to -- that's a legal
2
conclusion --
3
THE WITNESS: I
don't know.
4
MR. SWEETAPPLE:
-- and it's speculation.
5
THE WITNESS: I
don't know.
6
BY MR.
O'BOYLE:
7
Q.
Okay. The same
question for number two?
8
MR. SWEETAPPLE:
Same objection.
9
THE WITNESS: I
don't know.
10
BY MR.
O'BOYLE:
11
Q.
Okay. The same
question for number three?
12
A.
I don't know.
13
MR. SWEETAPPLE:
Same objection.
14
THE WITNESS: I
don't know. I'm not going
15
to
say yes or no. It's something that I -- I'd
16
rather just say I don't know because I don't want
17
to
guess.
18
BY MR.
O'BOYLE:
19
Q.
Okay. So who then could I talk to from the Town
20
that would have these answers?
21
MR. SWEETAPPLE:
Objection.
22
THE WITNESS: I
don't know.
23
MR. SWEETAPPLE:
Form.
24 BY MR. O'BOYLE:
25 Q. Okay.
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1 MR. SWEETAPPLE: Speculation.
2 BY MR. O'BOYLE:
3 Q. Who worked with Brannon & Gillespie from the
4 Town in 2014 I'm going to say a month plus or minus from
5 when this request was made? Was anybody -- and when I
6 say worked with, I know that's vague, so let me -- let
7 me be --
8 A. I was going to say please elaborate.
9 Q. Let me be specific. Who was communicating with
10 1 Mr. --
11
A.
Regarding public records it would have been
12
Freida.
13
Q.
Okay. And regarding sort of anything else?
14
A.
Most the time it would have been Rita or
15
Bill --
16
Q.
Okay.
17
A.
-- regarding any engineering issues.
18
Q.
Right. And let me -- yeah, let me be specific.
19
Specifically the underground electric.
20
A.
Yes, it would have been --
21
Q.
Not just anything.
22
A.
Yeah, Rita or Bill would have been the main.
23
MR. SWEETAPPLE: Do you need a break? We've
24
been
going for a while. If not we'll continue.
25
MR. O'BOYLE: If you want a break --
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THE WITNESS: Do I have much longer? It's
like -- I can go if it's not going to last much
longer. If not I would like to take a break.
MR. O'BOYLE: Well, why don't we take a
break.
THE WITNESS: Okay.
MR. O'BOYLE: I have to use the men's room
anyway.
THE WITNESS: Okay.
(A break was taken.)
BY MR. O'BOYLE:
Q. Okay. Miss Avery, who has knowledge of these --
the allegations made in the affirmative defenses?
MR. SWEETAPPLE: Objection. This has been
asked and answered numerous, numerous times and I
don't want to suspend the deposition because I
want to finish it, but I will be filing a motion
for sanctions with regard to this conduct.
You've been doing this now intentionally just to
harass the witness and you've made quite a
record.
THE WITNESS: I don't know.
BY MR. O'BOYLE:
Q. Okay. When -- in number three when the Town
says it's Plaintiff's bad faith, does that refer to the
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KELLY AVERY VOLUME I May 18, 2016
CITIZENS AWARENESS VS. TOWN of GULF STREAM 168
intent of the requestor?
MR. SWEETAPPLE: Object to form. Legal
conclusion.
THE WITNESS: I believe so. My personal
feeling.
BY MR. O'BOYLE:
Q. Okay. So does that -- is that how we decide
who's in the -- in the group and who's not in the group
is --
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MR. SWEETAPPLE:
Form.
THE WITNESS: No.
BY MR.
O'BOYLE:
Q.
Okay.
A.
I told you how I
do that.
Q.
Okay. But this has to do with intent; --
MR. SWEETAPPLE:
Form.
BY MR.
O'BOYLE:
Q.
-- is that correct?
A.
Correct.
Q.
Okay. Is Joel Chandler part of the list?
A.
No.
Q.
Okay. Why is Mr.
Chandler not part of the
list?
A.
Because he never
really inundated me with
records. He's never been
associated and -- and I
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KELLY AVERY VOLUME I
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didn't know he was even associated until after the
fact.
Q. Okay. So do you know whether or not Mr.
Chandler ever made a records request to the Town?
A. Oh, he did.
Q. Okay.
A. I don't know whether he did it in the
capacity of Citizens Awareness, but I know he did it
in his own name.
Q. Okay. And did he sue the Town?
A. He did.
Q. Okay. For -- for public records?
A. Correct.
Q. Okay. And only public records. I don't want to
make it sound like he --
16 1 A. No.
17
18
19
20
21
22
23
24
25
Q. -- tripped and fell or something. Okay. To
your knowledge, is there any agreement between the Town
and Mr. Chandler?
A. No, not that I'm aware of.
Q. Okay. Have you seen any documents that came
from Mr. Chandler?
MR. SWEETAPPLE: Form.
THE WITNESS: Such as? I mean I've seen
records requests. I've seen, you know,
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1
depositions and affidavits, so I don't know what
2
you
mean by come from.
3
BY MR. O'BOYLE:
4
Q.
Okay. Do you have any knowledge as to whether
5
Mr. Chandler gave documents to the Town of Gulf Stream?
6
A.
I'm sure he did. What I don't know I mean --
7
Q.
And then this --
8
A.
-- completely.
9
Q.
This is in 2014. Late 2014.
10
A.
Okay. He may have put a couple records
11
requests
in. Besides that I'm not sure. I'm not
12
aware, --
13
Q.
Okay.
14
A.
-- personally myself.
15
Q.
Okay. If -- if I said is the word Dropbox, does
16
that refresh
--
17
A.
No.
18
Q.
-- any memory?
19
A.
Huh-uh.
20
Q.
Okay.
21
A.
No.
22
Q.
Okay. Okay. How do you distinguish between a
23
requestor's conduct and their intentions?
24
MR. SWEETAPPLE: Form.
25
(A brief interruption.)
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1 THE WITNESS: Can you repeat that again?
2 BY MR. O'BOYLE:
3 Q. Yes, yes. What's the difference between the
4 intent of the requestor and the requestor's conduct?
5 MR. SWEETAPPLE: Form.
6 THE WITNESS: Well, I mean they are two
7 different things, but they go hand in hand at
8 times. I don't know what the main intent is. I
9 know an intent that we -- I believe is to
10 inundate the Town, but their conduct basically
11 shows the same. Keep us from doing our work --
12 our regular work in order to do this. Keep us
13 from doing records requests by doing other
14 distractions and stuff, so I mean they all go
15 hand in hand.
16 1 BY MR. O'BOYLE:
17 Q. Okay. So intent is actually it's inferred from
18 conduct?
19 MR. SWEETAPPLE: Form.
20 THE WITNESS: It could.
✓4ME:>w`aa111�il0 Ti>waaM9
22 Q. It could or -- or it is?
23 MR. SWEETAPPLE: Form.
24 THE WITNESS: It depends on the situation.
25 I'm not saying in every situation, but -- I don't
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1
know. I mean I can't say --
okay.
Let me put it
2
this way. I don't want to
guess,
so I don't
3
know.
4
BY MR. O'BOYLE:
5
Q. Okay. All right. So
you don't
see a difference
6
between saying that the -- the
conduct
is inappropriate
7
versus intentions are inappropriate?
8
MR. SWEETAPPLE: Form.
9
THE WITNESS: I don't
know.
10
BY MR. O'BOYLE:
11
Q. Is -- is there really
a distinction
between the
12
two?
13
MR. SWEETAPPLE: Form.
Legal
conclusion.
14
THE WITNESS: I don't
know.
16 Q. Okay. Are there any communications or emails
17 between Town employees discussing number three,
18 Plaintiff's bad faith?
19 A. I don't believe so, but, you know, without
20 looking I couldn't tell you.
21 Q. Okay. So it's possible that you have looked to
22 other Town employees --
23 A. I haven't, --
24 Q. Oh, okay.
25 A. -- but I don't know if other people have. I
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KELLY AVERY VOLUME I
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mean I would have to look.
Q. Okay. And that's because, as you said earlier,
that when you express frustration or complaints, you do
it orally?
A. Most of the time is orally, yes.
Q. Okay.
A. I'm not stupid. I'm not going to put it in
writing.
Q. Right, because that would make it a public
record; right?
A. Exactly.
Q. Right. Okay.
A. No, I -- I'm not like that. I mean I just
would much rather voice it, let it go and be done.
Q. So, and this -- this -- this brings me back to
something before when you said that when you don't have
something, when you don't have a public record, you
write back and you say --
A. No such record.
Q. -- no such record. So what steps are -- are
taken? Are there disposition reports looked at? Are
there -- or why don't you tell me what steps and here's
why. If we pay whatever the -- the charge is and we
come back here are some records, but there are no other
records in this particular category, how would I know
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1 that?
2 A. It all depends --
3 MR. SWEETAPPLE: Form.
4 THE WITNESS: -- on the situation. I mean
5 if -- if you ask me you have a document that says
6 the sky is blue and I know darn well we have no
7 document that says the sky is blue, I'm going to
8 say no such record. If it's asking me again do
9 you have a document that says the sky is blue and
10 I already know we already answered that before,
11 I'm going to say no such record.
12 But if you ask me something that has
13 something to do with another department or, you
14 know, the police or whatever, I don't know, you
15 know. I have no clue, so I would have to ask
16 them. If they tell me, no, we don't have it,
17 that's what I go with, you know. I'm not the one
18 making that determination.
19 If they ask me if I personally have a
20 document that says the sky is blue, I'm going to
21 look through my stuff and say, no, I don't and
22 I'm going to answer that. But if it's regarding
23 somebody else, I can't answer that for them
24 unless they tell me. I don't make that
25 determination.
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2 Q. Okay. So -- so with Brannon & -- & Gillespie,
3 I'm assuming you would -- and correct me if I'm wrong,
4 you check your own records and then you would ask them
5 and whatever they come up with is whatever they come up
6 with?
7 A. Whatever they come up with.
8 Q. Okay. So is there any crosschecking to say,
9 hey, I think this record should exist? Can you double
10 check?
11 A. There's been times where we've done that.
12 Yeah, we have.
13 Q. Okay. And you -- you just mentioned the police
14 department and -- and I want to be absolutely clear.
15 Is -- is Town clerk Rita responsible for the entire
16 Town, the police department, the con -- sorry, my hands,
17 the contractors and -- and all the like or -- or are
18 there separate custodians?
19 A. I think -- and I could be wrong, but I
20 believe that they consider the Town clerk the
21 custodian of all public records within the Town.
22 Granted each department has their own records. You
23 know, they hold them all. She doesn't have them all
24 in her area, so everybody has custody of the records,
25 but she's the ultimate custodian of records, so she's
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May 18, 2016
176
2
Q.
Okay.
3
A.
I don't know if that answers your question.
4
Q.
And when you have records requests --
5
A.
Is that thunder or what?
6
Q.
Okay.
7
A.
Sorry.
8
Q.
When you have record requests for contractors,
9
do you
rely upon the contractors to get those documents
10
or do
you -- or do you send Town staff over to help?
11
A.
No, we don't send Town staff over there to
12
help.
13
Q.
Okay.
14
A.
If I have some -- we have some there and
15
unless
they're asking for, you know, specific things
16
that would
be in their custody, we just call them or
17
email
them. Most the time I call and ask them I need
18
these
documents and they can either decide to send
19
somebody
over or they email them or however they want
20
to get
them over to me they get them over to me.
21
Q.
Okay.
22
A.
So I rely on them to respond to it. I'm not
23
the judge to say this is complete. You know, this
24
isn't
all that you have. I don't know. I rely on
25 I them to give me the records that would be compliant.
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KELLY AVERY VOLUME
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Q. Okay. And -- okay. So -- so there's -- you
don't have a liaison officer or -- or are you the
liaison?
A. Technically I guess.
Q. Okay. And -- and -- and I ask because I -- I
don't know how the records get from point A to point B.
A. They go to Rita or Bill or whoever accepts
them because they can go to anybody in the Town, but
they prefer them to go through the custodian of
records, so we try to get everybody to give them to
her. They go through her and then she gives them to
me.
Q. Okay.
A. And whoever gets them, like if someone
verbally comes in and it's not me, whoever else would
get them then it would come to me and I log it.
Q. And -- and why does the Town charge -- and maybe
you can clear this up. In this case the Town's charging
$195 an hour.
A. Um-hmm.
MR. SWEETAPPLE: Form.
BY MR. O'BOYLE:
Q. Why are they not charging the lowest paid
employee?
25 1 MR. SWEETAPPLE: Form.
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KELLY AVERY VOLUME I
CITIZENS AWARENESS VS. TOWN of GULF STREAM
May 18, 2016
178
THE WITNESS: I wouldn't know if they were
charging the lowest paid employee because it's
not coming from ours so we ask them because
they're the ones finding the records. I don't --
we tell them it has to be the lowest paid
employee.
BY MR. O'BOYLE:
Q. Okay.
A. They know that, but I can't tell you if that
is or it isn't. I would have no clue, so we go with
what they tell us. That's all I can say. I mean I
don't know who -- I don't know who's on their payroll.
We don't have access to their payroll.
Q. Okay.
A. So --
Q. And -- and let me --
A. -- I have no clue.
Q. I'm sorry. I didn't mean to interrupt. So when
somebody pays like in this instance, it goes from the
Town to Brannon & Gillespie?
A. Yes.
Q. Okay. So you -- you're actually just being
reimbursed for what you're paying them?
A. Basically, yes.
Q. Okay.
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KELLY AVERY VOLUME I
CITIZENS AWARENESS VS. TOWN of GULF STREAM
May 18, 2016
179
1 A. Because they're going to charge us on their
2 next bill, so that basically pays for that.
3 Q. Okay. And has there ever been any, you know,
4 sort of conversation where it's -- and I'm just going to
5 paraphrase and put this out there, but, you know, Mr.
6 Brannon or, you know, Brannon & Gillespie, $195 an hour
7 is a little steep? Is there any way you could do
8 better?
9 A. No, we've never asked. I don't question
10 people's pay. I don't know what a normal engineer
11 would get paid. I don't know what an engineer
12 assistant or whoever would work there would get paid.
13 I have no clue, so for me to question that, I don't
14 know if that's my place. You know, I -- I go with
15 what they give me.
16 Q. Okay. And -- and -- and let me follow up. Is
17 there -- has there any -- ever been any conversation --
18 A. Not that I'm aware of, but --
19 Q. -- where --
20 A. Not that I'm aware of. I can't say.
21 Q. -- where -- where can we send one of our people
22 over and can they do --
23 A. I don't think they would allow us to go
24 through their records. I mean they're their records.
25 I don't think that's ever been offered. I haven't.
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180
1
Q.
Okay.
2
A.
I don't know if anybody else has. I -- I
3
don't
know.
4
Q.
Right. And --
5
A.
But I -- I personally don't think that they
6
would
let anyone do that.
7
Q.
Okay. And just -- just so you understand, I'm
8
trying
to figure out all the --
9
A.
I understand.
10
Q.
-- ways the -- the charging works.
11
A.
Um-hmm.
12
Q.
Okay. Are any of the records requests
13
frivolous?
14
MR. SWEETAPPLE: Object to the form. Legal
15
conclusion.
16
THE WITNESS: I don't -- you know, I've got
17
my
opinions. I can't say that for a fact, so I'm
18
just
going to say I don't know.
19
BY MR.
O'BOYLE:
20
Q.
I guess maybe another word would be silly?
21
A.
There have been some silly ones.
22
Q.
Okay.
23
A.
But that's my opinion.
24
Q.
Right, right, right.
25
A.
That's completely my opinion.
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KELLY AVERY VOLUME
CITIZENS AWARENESS VS. TOWN of GULF STREAM
May 18, 2016
181
Q. Okay. And -- and I guess what I'm asking for
are -- are there any requests sent in that just you --
you take a look at them and you say that doesn't even
warrant a response?
A. I don't know. I mean no records request
would ever just not warrant a response. I mean I feel
obligated to answer every request that comes in.
Yeah, there's some silly ones, but I mean you've still
got to respond.
Q. Okay. Or seek clarification or --
A. Yes, yes.
Q. Okay. Has the Town -- and -- and this -- this
is -- I'm -- with regard to number three, the bad faith.
A. Um-hmm.
Q. It says the Defendant has acted reasonably
and -- and in good faith. Can you tell me a little bit
about that? The good faith steps taken by the Town.
A. I feel that we've done everything we can in
order to respond. I know at least on my end I, you
know, get the intakes. I try to follow up with, you
know, whoever I have to give the request to to get it.
I try to stay on top of them as best I can. When you
have a lot going on, it's hard, you know.
When you put requests -- you know, you're
trying to get the request out and get tons more in,
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KELLY AVERY VOLUME I
CITIZENS AWARENESS VS. TOWN of GULF STREAM
May 18, 2016
182
1 it's hard to keep up. I think we've -- as far as me I
2 feel I've done a good job in trying to respond the
3 best I can. I've never intentionally not answered
4 any. Like I said, I don't like having any on my log.
5 To me it's a personal thing because I like to have it
6 clear.
7 Q. Right.
8 A. I'm just trying to get my job done like any
9 other person and get out and have my personal life,
10 so the less I have to do the better, so I don't know.
11 I -- I try to do the best I can. I don't think -- if
12 any of them have been delayed, it's not intentional.
13 I feel I've done the best I can and I can only do what
14 I can do. I mean I -- I'm not the one that's going
15 out and looking for all the records. I'm doing the
16 responses when they give them to me, so as soon as I
17 get the responses, I send them out.
18 Q. Right.
19 A. I don't know what else I can do above and
20 beyond that. I don't know.
21 Q. And -- and -- and -- and part of me is -- is --
22 and this is -- let me just narrow it even further, which
23 is I'm -- I'm looking for either conversations, emails,
24 some level of communication where the Town employee
25 said, hey, we have an idea that could streamline things
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KELLY AVERY VOLUME
CITIZENS AWARENESS VS. TOWN of GULF STREAM
May 18, 2016
183
1 and there's a discussion and they either adopted it or
2 they didn't adopt it. If there's a reason they didn't
3 adopt it.
4 A. I can't say that's ever occurred. We just
5 all work together, you know, the best we can. You
6 know, daily functions still have to go on because
7 there is a whole other town out -- you know, town out
8 there that we have to take care of, but we also have
9 to take care of this, too.
10 So I mean when I can get in there and talk to
11 them and they can get back to me, you know, after
12 doing all the other stuff that they have to do as
13 well, we get stuff out. I mean I know I try to do the
14 best I can.
15 Q. Sure, sure, and --
16 A. But as far as conversations, I will --
17 nobody's ever really had conversations with me saying,
18 you know, let's do it this way or let's do it that
19 way. It's just kinda we're trying to do the best we
20 can to get it out and just communicate with each
21 other.
22 Q. Okay. And -- and the decision to go on-line --
23 and see that's -- I was -- I just assumed --
24 A. Um-hmm.
25 Q. -- that that came out of some conversation
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KELLY AVERY VOLUME I
CITIZENS AWARENESS VS. TOWN of GULF STREAM
1 1 somewhere, but
May 18, 2016
184
2 A. It may have.
3 Q. -- from what you're telling me, maybe not?
4 A. There in the beginning I had probably -- I --
5 I had mentioned that it would be so much easier if
6 everything was on-line and we just decided to. I mean
7 I guess that would be one conversation, I guess. I
8 just figured it'd be easier that way. You know, you
9 didn't have to have people coming in all the time and
10 it would be easier and that way people could see the
11 1 request.
12 If anybody else had happened to request the
13 same thing they were wondering about, it's there and
14 they have easy access to that. That was an idea that
15 was discussed very early on when I first started.
16 Q. Okay. When -- when you first --
17 A. When I first start -- took over records
18 1 requests.
19 Q. Okay. So that'd be May 2014?
20 A. Correct.
21 Q. Then there was a conversation about putting
22 things on-line?
23 A. Yes.
24 Q. Which was your idea?
25 A. A collaboration of my idea and some
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KELLY AVERY VOLUME
CITIZENS AWARENESS VS. TOWN of GULF STREAM
May 18, 2016
185
attorneys. We discussed it and -- because I didn't
know if I could legally do that. I didn't know.
Q. Oh, okay.
A. So, and they said, yeah, it's not a problem,
so that's when we kinda decided that's how we're going
to do it.
Q. And the -- have you seen every request that has
come in?
A. Have I seen every request?
MR. SWEETAPPLE: Time period, please.
BY MR. O'BOYLE:
Q. Oh, sure. May 2014 to --
A. Yes.
Q. -- a couple days ago, hours ago?
A. Every request that has come in since I've
been doing them and putting them on the log, yes, I've
seen them. Just to us. Anything that's gone to Jones
Foster or Sweetapple, no, I can't say that I've seen
all those.
Q. Okay. And to -- to your knowledge, has anybody
ever asked for a production schedule?
A. A production schedule?
Q. Meaning they make a big request or they think
they make a big request and they follow up and say can I
maybe get an estimate of how long it'll take to respond?
J
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KELLY AVERY VOLUME I
CITIZENS AWARENESS VS. TOWN of GULF STREAM
May 18, 2016
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A. I've had people ask that, yes, but it's hard.
You can't answer that. It's really hard to answer
because, one, there's no -- I have no way of knowing,
so they give me a quote. I have no way of knowing how
long it's going to take, so if I knew that I'd give
you a quote.
Q. Right. You mean like a week, two weeks, three
weeks, four weeks?
A. Correct. A couple hours. Whatever it may
em
Q. Sure. I don't know. You tell me.
A. Whatever they tell me. Without asking them
knowing how long it's going to be I can't give you
that. And if I know that from them, then I'm just
going to go ahead and give you the quote, so you'll
know it already, so that's the only way I can answer
that.
Q. When -- when you say quote, I'm a little bit
confused. Are you talking about money or -- I mean
money --
A. Time --
Q. -- deposit or --
A. Time and money goes together.
Q. Okay.
A. Because I'm basing the quote based on how
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KELLY AVERY VOLUME I
CITIZENS AWARENESS VS. TOWN of GULF STREAM
May 18, 2016
187
1 long it's going to be times the rate.
2 Q. Oh, okay. Okay. Maybe -- Okay. Let me
3 clarify. I'm -- I'm actually not talking about that
4 estimation.
5 A. Okay. What are you talking about?
6 Q. I'm talking about I make a request and let's
7 say -- okay. Let's -- let's take this request. $3,500
8 is paid. Takes a couple -- it's at least 13 maybe --
9 it's around 13 hours, okay.
10 A. Um-hmm.
11 Q. If -- if somebody -- and let me back up. Has
12 anybody asked the Town in the circumstance -- whether
13 they're making a big request or a small request, any
14 request, about how long is it going to take? When
15 should I follow up?
16 A. No, because we follow the State's requirement
17 with -- within a reasonable amount of time and if the
18 State can't distinguish a reasonable amount of time,
19 then we're not going to either.
20 Q. Okay. No, no, no. I mean if -- if somebody
21 says not necessarily what's a reasonable, but should I
22 follow up in two weeks, three weeks?
23 A. I've never responded to something like that.
24 I can say that I've never responded.
25 Q. Okay. And are you aware that the Attorney
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KELLY AVERY VOLUME I
CITIZENS AWARENESS VS. TOWN of GULF STREAM
May 18, 2016
188
1 General does mediation for public records?
2 A. What do you mean mediation?
3 Q. Where people get in a room together and they try
4 to sort of work things out. Are you aware of that
5
6
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21
22
23
24
25
program or --
A. No.
Q. Okay. Because my next question was going to be
has anybody ever suggested mediation, but if you've
never heard about it, then I think that it's probably --
it's probably that.
Okay. Miss Avery, I don't think we have any
further questions.
(Refer to Volume II of II.)
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KELLY AVERY VOLUME
CITIZENS AWARENESS VS. TOWN of GULF STREAM
CERTIFICATE OF OATH
THE STATE OF FLORIDA
COUNTY OF PALM BEACH
May 18, 2016
189
I, the undersigned authority, certify that KELLY
AVERY personally appeared before me and was duly sworn on
Wednesday, May 18, 2016.
Dated this 6th day of June 2016.
MARY M. KARNS, Shorthand Reporter
Notary Public - State of Florida
My Commission No: FF 970208
My Commission Expires April 23, 2020
Job #374075
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KELLY AVERY VOLUME I
CITIZENS AWARENESS VS. TOWN of GULF STREAM
C E R T I F I C A T E
May 18, 2016
190
I, MARY M. KARNS, Shorthand Reporter and Notary
Public in and for the State of Florida at Large, do hereby
certify that I was authorized to and did report said
deposition in stenotype; and that the foregoing pages are a
true and correct transcription of my shorthand notes of
said deposition.
I further certify that said deposition was taken
at the time and place hereinabove set forth and that the
taking of said deposition was commenced and completed as
hereinabove set out.
I further certify that I am not an attorney or
counsel of any of the parties, nor am I a relative or
employee of any attorney or counsel of party connected with
the action, nor am I financially interested in the action.
The foregoing certification of this transcript
does not apply to any reproduction of the same by any means
unless under the direct control and/or direction of the
certifying reporter.
Dated this 6th day of June 2016.
MARY M. KARNS, Shorthand Reporter
Notary Public - State of Florida
My Commission No: FF 970208
My Commission Expires April 23, 2020
Job #374075
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KELLY AVERY VOLUME I
CITIZENS AWARENESS VS. TOWN of GULF STREAM
DEPOSITION ERRATA SHEET
May 18, 2016
191
ASSIGNMENT NO: 374075
CITIZENS AWARENESS FOUNDATION, INC., vs. THE TOWN OF GULF
STREAM; BRANNON & GILLESPIE, LLC
DECLARATION UNDER PENALTY OF PERJURY
I declare under penalty of perjury that I have read the
entire transcription of my deposition taken in the
above -captioned matter or the same has been read to me, and
the same is true and accurate, save and except for changes
and/or corrections, if any, as indicated by me on the
DEPOSITION ERRATA SHEET hereof, with the understanding that
I offer these changes as if still under oath.
Signed on the day of
KELLY AVERY
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DEPOSITION ERRATA SHEET
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KELLY AVERY
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KELLY AVERY VOLUME I
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May 18, 2016
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KELLY AVERY
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KELLY AVERY VOLUME I
CITIZENS AWARENESS VS. TOWN of GULF STREAM
May 18, 2016
Index: $195 -access;
99:16
aback
53:25
abide
96:22
ability
55:18
96:8
10:25 149:15, absolute
187:7 90:15 119:13 19,22,23,
$3,510 136:10 136:10 24 150:11 95:14
45:11
17th
16:10
128:1
$
10:7
18:18,21
13,14
40
2000
320
150:19
18
26:25
109:21
$195
36:22
27.6'9'
135:25
44:3
37:1,6
11,24
187:8,9
21
33:10
14
177:19
195
39:6
4
179:6
15
10:13,14
54:7,11
2
44:11
40:5,8
$3,500
19th
42:11
4
56:1
23:5
48.24
2014's
May 18, 2016
Index: $195 -access;
99:16
aback
53:25
abide
96:22
ability
55:18
96:8
10:25 149:15, absolute
187:7 90:15 119:13 19,22,23,
$3,510 136:10 136:10 24 150:11 95:14
45:11
137:4
143:10,
d)
128:1
21
150:19
13,14
40
2000
150:19
75:24
21st
1
166:4
2011
2
170:9
187:8,9
21
3
14
5
1
37:7,13
28:14
184:19
15
10:13,14
54:7,11
2
185:12
66:22
24 30:3
92`23
147:6,10,
5
22:2
23:5
43:9,10
2014's
149:22
100
123:20
153:17,19
130:19
136:3,24
30
15 -minute
50
83:10
20:18
20
2016
109:20
11
75:3,24
20'25
138:18
77'5
26:5
21:4 75:3
139:23
77:5
140:1
6
119.07(4)(
109:20
d)
128:1
21
50:9
154:10
2000
12
136:4
21st
37:11,18
153:11
2011
13
11:6,14,
187:8,9
21
3
14
2013
37:7,13
28:14
3
15
29:1,5,8,
54:7,11
20:19,20
9.11,12,
66:22
24 30:3
92`23
147:6,10,
122:18,22
17,23
47:1
73:18
123:20
148:16
136:3,24
30
15 -minute
140:8
20:25
20:18
144:24
21:4
16
2014
75:3,24
139:25
10:11,25
77'5
109:20
60
109:21
137:2
8
80
160:4
9
91
39:10
A
A -d
absolutely
7:21
49:21,22
55:7
139:5
175:14
absurd
134:20
abuse
106:16,
18,19,21
107:3
109:16
abuses
109:18
abusing
110:1
abusive
- 108:1,21
109:6
accept
45:21
accepts
177:7
access
19:10
39:12
40:4
178:13
184:14
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KELLY AVERY VOLUME I May 18, 2016
CITIZENS AWARENESS VS. TOWN of GULF STREAMndex: accommodate -answers
accommodate
adding
143:25
agency
141:19
7:23
23:2
advisory
47:17
alleging
accommodati
addition
144:19
49:10
141:8
50:21
ons
112:2
aff
57;21
allowed
94:10
additional
159:25
85:23
60:1
accountant
80:18
160:1
86:19
ambiguous
11:17
address
affidavit
87:15
71:18
12:10
57:12
71:15
agents
amended
accounting
101:11
72:6
135:21
164:19
13:15,20
116:2
160:2,6
14:5
132:2
agree
amount
affidavits
147:3,4,8
32:3,4
21:21
addresses
161:4
agreed
45:21
accounts
133:4
170:1
42:24
55:25
13:6
adjust
affirmative
74:13
agreement
accurate
117:23
26:21
75:20
147:1
102:16
49:15,16
76:1,5,7,
admissible
169:18
50:2
8 78:1,5,
acknowledge
140:3
51:20
ahead
18 79:16
90:21
Admission
52:1,7,9,
6:25
92:25
acknowledgm
150:14
15,24
26:22
96:16,24,
ant
admissions
53:13,14,
49:18
25 97:16
153:15
149:16
19 54:8
66:12,14
98:2
Acquisition
151:21
56:25
150:7
145:25
62:16
154:4
146:11
s
118:8,12,
admit
64:16
186:15
187:17,18
150:18
66:21,23
20
aim
Announcing
admittance
68:23
78:19
5:6
act
132:3
69:8
19:24
133:7,10,
70:15
alias
annoyed
109:8,15
11
77;23
132:3
76:24
acted
88:13
134:7,9
77:1,7
admitted
104:19gg;12,14,
181:15
aliases
annual
148:24
action
15,16
133:7
40:16
150:4
52:16
150:20
156:18
allegation
answering
53:5
152:11
157:12
56:13,23
8:9 92:16
actions
admitting
161:16
58:9 74:8
109:5
109:24
152:17
164:24
allegations
126:15
110:1
167:13
63:1,20
127:6
adopt
142:5
actual
183:2,3
affirmative
156:17
116:18
ly
157:12
answers
adopted
110:2
167:13
125:15
ad
183:1
126:15
131:2,3,8
affirmed
alleged
165:20
advising
4:9
109:18
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
KELLY AVERY VOLUME I May 18, 2016
CITIZENS AWARENESS VS. TOWN of GULF STREAM Index: Anthony -back
176:3
Anthony
129:10
apologize
144:23
Apple
47:12,15,
16
apply
88:13
appointed
51:15,17
approval
69:21
architect@
gmail.com.
134:12
archiving
40:1
area
10:8
175:24
argumentati
ve
62:14
artful
37:1
article
58:16
59:1,4,6,
10,20
61:21,25
62:1
articles
56:19
58:13,15,
16,17,18,
23 61:4,5
63:22,23
69:11
71:11
156:22
articles'
58:19
aspect
145:3
asserting
54:4 67:2
68:23
70:21
77:20
assertion
99:2
134:21
assessed
20:3
Asset
118:8,9,
20
assistance
40:1
assistant
11:18
179:12
assisting
145:9
associate
118:24
131:16
association
132:2,8,
9,10
133:4
assume
17:8
19:25
48:2
100:21
103:4,14
118:19
120:10
131:19,21
132:14
153:4
160:1
assumed
183:23
assuming
38:25
119:21
175:3
assumption
100:21
103:9
121:19
127:16
128:10
130:10
132:15
assumptions
103:20
120:17
attacked
74:21,22
75:1 97:6
attention
150:16
attorney
87:16
158:24
159:14
187:25
attorneys
19:1
36:17
95:24
121:20,23
122:20
123:10
144:5
185:1
attribute
118:19,20
August
29:23
authority
66:23
69:6,8,16
70:21
71:9
158:7,10
162:11
authorize
70:8,14
authorized
71:24
161:15
162:10
Avery
4:8,14
7:2 8:12
54:25
105:18
125:3
142:9
150:10
167:12
188:11
aware
41:10
66:15
71:14
84:6
94:15,17
103:1
169:20
170:12
179:18,20
187:25
188:4
Awareness
58:2 60:6
65:8 90:9
97:13
98:5
136:7,9
137:10
151:3,8
152:12
159:17
160:16
161:5,23
169:8
bachelor's
88:4
back
7:18 11:4
13:10
18:1
25:16,17
2 9: 4 32:5
45:25
46:25
48:6
49:2,15
51:20
53:11
59:5 60:4
63:8,14
67:8
68:21
73:15,18,
23 75:15
77:4,5
80:24
82:9
84:19
94:23
101:4
102:20
105:13
109:17
114:9,18
117:25
118:23
140:8
142:7
152:22
153 :2 0
155:8
ESQUIRE
Esquire o��ons.com)
KELLY AVERY VOLUME I
CITIZENS AWARENESS VS. TOWN of GULF STREAM
160:6
basically
184:4
blue
173:15,
20:6
174:6,7,
behalf
18,24
22:23
9,20
52:5
183:11
32:21
112:7,13
board
187:11
39:9
113:3
58:24
40:11,16
bad
126:11
42:2,5,8
Boardman
74:2,8,10
150:7
44:1
130:20
88:20,23
59:21,24
belief
89:19
bombarded
91:15
60:3 61:7
132:18
114:8
92:22,24
63:16
believing
72:1214
bottom
93:21
,
161:13
81:20
74:11
98:3
86:23
big
152:4
99:2,20,39:14
87'1
25 100:: 1
Brannon
93:23,24,
185:23,24
8:21 44:9
105:23
25 97'6
187:13
48:6,7
106:11
108:14
99'9
bill
51:12
111:22
106:15
11:20
166:3
118:1
112:10
16:1
175:2
124:8
141:22
46:13
178:20
127:5
153:15
95:22
179:6
128:5
156:23
166:15,22
break
158:11
158:6
177'7
49:19,25
167:25
160:14
179:2
97:15
171:10
172:18
billing
104:13
178:24
181:13
179:2
14:5
105:1,2,3
badger
bit
155:19
66:10,14
basing
7:19 9:5,
166:23,25
186:25
167:3,5,
badgering
18 17:18
63:3
basis
21:13
10
102:17
100:18
24:23
breaks
112:6
34:23
5:6 7:22
Bar
144:19
53:24
58:25
breather
bathroom
57:5 90:7
7.25
59:6,9
7'24
96:10
61:4
101:2
Brewer
base
bearing
113:1
134:5,12
162:15
91'2
114:4
bring
based
beat
155:8
11:14
53:24
159:5
56:7 76:8
181:16
brings
103:9,12
beginning
186:18
173:15
164:6
28:13
186:25
29:11
blank
broadly
132:1
104:5
36:4
May 18, 2016
Index: bad -calling
brought
48:24
building
13:5,15
14:4
39:17,18
40:2
built
60:3
bunch
13:12
76:19
business
39:11
59:24
118:21
119:2
butt
77:7
C
CAFI
66:9
calculate
45:24
calendars
29:19
call
33:22
48:19
63:4
144:16,23
147:13
176:16,17
called
14:11
31:19
35:12,25
48:12
calling
ESQUIRE 800.211.DEPO (3376)
8 0 L U T I O N S Esquire Solutions.com
KELLY AVERY VOLUME I May 18, 2016
CITIZENS AWARENESS VS. TOWN of GULF STREAM Index: calls -clerk
35:18
certi£icati
changed
chose
34:18
calls
ons
13:12
65:24
35:12
8:19,20
87:6
18:17
108:12
80:19,25
22:3
cetera
26:2,3,16
Chris
81:25
116:9
10:4
27'1'3
102:20
82:21
69:21
42:15
112:7
83:9,18,
camera
146:2
20,21,23
6:7
CG
164:6 -
Christopher
84:8,9
93:15 93:15
111:2
cameras
changing
changin
4:17 6:5
19
5:7
97:12
181:10
ca acit y
chance
146:23
98:5
102:6,19
clarify
169:8
1
80:19
150:22
33:17,19
160:23
chronologic
83:6
charge
care
164:14,15
al
92:19
73:22
5:4 9:23
39:1
94:8
183:8,9
Chandler
16:1
58:17
19;19,22
circumetanc
110:22
Carol
61:19,22
20:3
a
187:3
38:19
67:11,13
25:15
45:14
class
case
69:11,12,
32:12
82:1
87:9,12,
5:6 8:13
15,24
56:10
187:12
13 118:1
9:9 31:14
70:5,14
156:11
Citizens
121:17
65:21
71:16,23
173:23
58:2 60:6
classes
71:13
72:10,19
177:17
65:8 90:9
86:15,17
88:12
157:22
179:1
97:13
87:7
127:10
158:15,17
charges
98:5
140:12,17
159:24
20'2
136:
clear
153:21
161:11,15
137:1100
16:11,22
159:18,23
162:7
charging
151:2,8
17:18
161:3
164:14
146:4,7
152:11
33:25
177:18
168:20,22
177:18,23
159:17
49:11
169:4,19,
178:2
62:8
categories
g
22 170:5
180:10
16
160:5,
99'19
157:4
161:5,23
116:24
Chandler's
charts
169:8
category
59:7
10:3
126:25
173:25claim
67:4,15
137:6
130:16
88:7 24
151:8
caught
g
68:1
cheaper
89:20
175:14
114:7
161:21
19:17
106:24
177:18
certificate
change
check
107:1
182:6
a
12:11
45:25
claiming
clerk
87:24
42:13,15
72:14
52:10,16
14:11
107:4,9
certificati
175:4,10
71:8,9
16:25
146:6
on
161:23
chief
clarificati
17:1
86:14,17
163:13
14:7,11
on
25:11
164:8
33:14
27:13,18
ESQUIRE 800.211.DEPO (33 76)
EsquireSolutions. com
KELLY AVERY VOLUME I May 18, 2016
CITIZENS AWARENESS VS. TOWN of GULF STREAM Index: clerk's -consequence
122:12
coherent
communicate
complex
58:1
155:10
82:20
d
21:21
60:13
156:2,4,7
48:10
22:1,2,
65:11
collaborati
157:9
10,18,23
69:1
on
communicati
175:15,20
23:1,3,7,
70:17,22
184:25
ng
14,19
77:16
clerk's
166:9
combined
25:18
88:15
134:17
153:13
communicati
32:18
91:18
135:21
140:20,21
commented
on
33:11,25
108:4
141:2,21,
129:20
182:24
82:22
111:17
23 142:1,
communicati
135:22
138:1
Commerce
136:16
139:8,10,
3,8
57:11
ons
138:18
18,20,22
144:22
90:11
18:25
145:21
complexity
151:11
97:13
123:16
23:
1 1
21:10,12
152:14
client
98:6,8
162:5,14
19:10,11,
118:10
172:16
25:18
165:2
34:12
12,14
commerce -
company
168:3
150:7
57:9 60:2
compliance
172:13
group
clock
120:18
61:9 67:9
135:1
180:15
163:6
comparison
compliant
concrete
commerce-
closed
group.com
98:24
176:25
65:12,15
80:17
99:10
compiling
compound
conduct
81:22
101:5,9,
81:13
9:25
134:24,25
134:18
14,21
complained
21:15
135:9
clue
102:21
15:5
94:13
140:1
118:24
95:19
167:18
23:23
complaint
31:24
commerce-
115:5
con
170:23
36:20
group.com.
175:16
171:4,10,
46:5,7
101:.3
complaints
18 172:6
173:3
concentrate
48:9
commission
113:16
conducting
73:21
109:4
complete
5:9
164:16
129:14,
7:20
conceptual)
174:15
18,20
119:3,6,
y
conductor's
156:8
178:10,17
11 164:11
100:4
179:13
commissions
176:23
conclude
confirm
coconspirat
re 122:16
completely
130:9
32:6
or
55:12,13
concluded
confused
93:24
committee
83:15
57:15,18
186:19
94:1
131:2,3,
128:5
confusing
8,13
conclusion
coconspirat
129:8
82:20
communicate
147:4
6:13 8:20
ora
135:21
35:6
170:8
50:11
consequence
136:15
183:20
180:25
56:15
53:9
57:23
137:12
ESQUIRE 800.211.DEPO (33 76)
Esquire Solutions. corn
KELLY AVERY VOLUME I May 18, 2016
CITIZENS AWARENESS VS. TOWN of GULF STREAM Index: considered -days
considered
108:21
117:11,15
159:1,9
160:10
consist
144:24
consistentl
y
77:6
90:18
constant
21:4
32:8,10
115:1
constitutio
nal
93:7
contact
34:5,13,
18 81:16
contacted
95:23,25
contained
41:4
44:14
108:9
content
15:10,12
33:22
36:5
context
145:20
continue
14:8
163:5
166:24
contract
16:16
21:18
47:11
49:6,8,9,
12 116:18
148:17
contractors
175:17
176:8,9
contracts
47:19
conversatio
n
66:19
73:13
179:4,17
183:25
184:7,21
conversatio
no
115:15
182:23
183:16,17
Cool
88:7
copier
30:17
copies
19:19,20
31:7
copy
43:16,19
67:18
144:14
correct
11:11,22
17:22
18:16
21:8
33:23
37:17,23,
25 39:21,
24 40:20
43:4 51:6
57:13
60:8
66:17
82:23
88:19
99:17
101:20
112:6
124:14
140:9,11
149:12
150:12,
17,20
151:4,9,
12 152:7
168:18,19
169:13
175:3
184:20
186:9
cost
9:12 44:1
117:1
costs
115:23
116:13
counsel
8:1 53:17
123:17
couple
38:14,20
58:23
127:23
129:6
135:17
148:1
160:2
170:10
185:14
186:9
187:8
courses
86:18
87:4
court
6:3,19
7:11,12
91:15,16
92:23
139:23
140:2
150:7
CPA
87:25
create
60:23
credible
72:22
119:21,24
cripple
96:7
criteria
106:10,14
crosschecki
ng
175:8
curious
18:22
146:22
Current
38:2
custodian
14:12
25:7
175:21,25
177:9
custodians
175:18
custody
175:24
176:16
D
daily
116:4,7
183:6
Dannon
48:6
Danny
44:21
48:13,16,
17 50:20
darn
174:6
date
10:24
30:12,15
67:17,23
86:1
90:13,14
dates
154:10
dating
46:25
day
20:19,25
21:4 29:2
30:10,11
31:9 42:8
61:11
75:3
90:5,10
109:20,
21,22
113:6
128:1
135:23,25
136:1,5,
8,11,13,
17,20,22,
24 137:1,
2,14,15,
18,19
138:14
days
21:2
38:20
62:5
79:10
90:5,20
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
KELLY AVERY VOLUME I
CITIZENS AWARENESS VS. TOWN of GULF STREAM
May 18, 2016
Index: deal -direct
127:25
Deeson
89:6
4:19,25
desk
138:15
100:6,11
deficient
6:8 65:2
76:10,11
148:2,10
104:8
66:13
155:12
88:8,21,
157:17
defeat
25 89:6
depose
detail
185:14
164:24
degree
164:14
112:24
deal
Defendant
88:5
deposed
determinati
23:20
24:18
88:21
delayed
7:3
on
135:2
158:17
98:20
41:16,19
182:12
112:22
181:15
deposit
174:18,25
delegate
113:16,
Defendant's
155:12,21
9:13
determine
20,21
54:8
153:13,25
99:5,20
114:21
149:15
delegates
186:22
106:11
131:3
150:13
155:13
deposition
determines
dealing
defense
Deleo
4:3,22
15:17
21:22
52:1,25
133:21
5:10,23
19:21
115:17
54:4
Demartini
6:20 7:17
20:2
deals
56:25
66:9
55:15
105:22
55:10
66:5,21,
denied
66:16
determining
23 68:23
121:16
85:13
69:9
145:15,
125:21
132:9
dealt
70:15
21,23
158:19
difference
23:25
77:23
denying
159:1,10
25:2
25:6
88:13
146:13
160:10,19
45:25
73:25
104:19
163:9
154:9
164:25
department
167:16
171:3
decide
174:13
172:5
16:12
defenses
175:14,
depositions
139:23
26:22
16,22
58:12
difficult
140:3
49:16
68:4
21:3
168:7
50:2
departments
156:23
76:2,3,21
176:18
51:20
25:15
157:8,20,
78:2
decided
52:7,10,
depend
21,22
dig
55:17
15 53:13,
22:7
158:15
76:16
146:2
14,19
depending
164:15
digital
g
184:6
54:9
80:15
170:1
21:23
185:5
62:20
deputy
64:17
depends
digitalized
deciding
65:25
15:21
76:15
121:23
148:24
33:19
description
114:16,17
decision
150:5
50:17
a
19:7
156:18
80:20
13:12
direct
117:23
157:12
81:8,20
designated
4:12 42:1
148:14
161:17
171:24
5:14
2
183:22
167:13
174:2
116:9
116:9
designed
150:16
deficiency
depo
135:1
ESQUIRE EsquireSo��ons.com)
KELLY AVERY
VOLUME I
107:13
May 18, 2016
CITIZENS AWARENESS VS. TOWN of GULF
STREAM Index:
direction -entire
direction
73:7
46:8
Edward
177:24
16:4
document
Dropbox
71:16
178:2,6
director
10:18,21
170:15
effect
182:24
11:18,19
40:19
dropped
81:3 91:7
employees
155:11
41:4
112:22
16:3
36:18,22
149:5
effort
76:21
disclose
42:11
discussed
29`20
37:1
43:13,15
due
31:14
116:1,3
18:24
115:18,23
100:1
1 :1
00
140:25
52:13
134:18
39:15
172:17,22
53:16
156:11
185:1
140:24
123:15
54:24
duly
46:3 56:3
encapsulate
134:3
55:8 71:5
discussing
elaborate
E
ended
4:9
79:3
d
discovery
122:19
107:13
164:18,
124:18
duties
166:8
40:21
20,21
174:5,7,
12:24
electric
end
discuss
9'20
13:21
166:19
29:5,7,12
14:1
30:2
53:12,14
documents
40:15
eliminated
40:15
112:22
16:3
76:21
42:20
80:21
discussed
29`20
113:5
81:2,25
31:14
elimination
115:18,23
140:25
82:9
184:15
39:15
155:22
42:25
156:11
185:1
45:19,23
Ellis
181:19
46:3 56:3
134:3
discussing
75:17
E
ended
172:17
79:3
email
29:3
discussion
8011
:
earlier
35:1045:22
engineer
116:24
144:14
146:22
51:14,15
147:21
156:16
173:2
57:12
179:10,11
183:1
169:21
99:11
170:5
early
101:9,10
engineering
discussions
176:9,18
29:23
111:10
166:17
117:16
39:6
132:2
146:23
dot
143:10
133:4,14
Enhancement
102:25
184:15
176:17,19
s
disposition
118:9
173:21
double
easier
emails
175:9
19:10
120:17
ensure
distinction
79:3,23
172:11
dozen
27:2 40:4
172:16
126:13
79:25
182:23
ensuring
distinguish
163:11
184:5,8,
56:2
106:21employed
10
170:22
dozens
1 1:7,9
entail
187:18
135:22
easily
employee
40:10
136:9,11,
22:22
12:15
86:22
distraction
16 138:18
easy
44:8
entire
s
171:14
drawing
21:18
46:21
30:10
104:5
147:7
115:24
31:6,9
distrust
184:14
116:16,
141:22
72:19
drawings
17,18,21
144:23
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
KELLY AVERY VOLUME I May 18, 2016
CITIZENS AWARENESS VS. TOWN of GULF STREAM Index: entities -feel
175:15
entities
118:21
119:2
entitled
150:13
entitlement
52:10
entity
57:22
error
93:20
estimate
51:8
185:25
estimates
50:4,6,9
51:4
148:9
estimation
146:4
148:11
187:4
estoppel
149:4
everybody's
39:12
67:17
everyday
113:12,18
everything'
s
22:7
evidence
44:4
70:12
77:24
89:3
137:6
138:12
exact
30:12
EXAMINATION
4:12
examined
4:9
excess
113:7
excessive
113:10
exclude
146:17
excuse
77:10
92:25
Exhibit
10:14
22:2
23:4,5
43:9,10
54:7,11
66:22
92:23
149:19
150:10,11
153:17,19
exist
41:5,23
175:9
expect
104:17,18
expectation
64:19
expected
21:1
135:10
expedite
37:21
explain
52:24
express
113:25
114:1
173:3
expressed
114:6
extension
84:2,3,5,
7 86:4,6
97:19
extensions
94:10
extent
46:23
88:21
130:17
extra
42:20
extraordina
ry
82:1
extremely
82:20
F
face
67:21
fact
85:3 86:9
89:19,21
117:23
169:2
180:17
facts
53:7,18
56:12,16,
17,22
58:7 64:9
65:6,13,
15,25
66:25
69:7 71:8
72:18
74:7 89:5
103:17
123:19
124:6
127:3
138:10
162:21
163:13,
21,23
164:24
factually
88:13
fail
70:15
102:10
failure
102:10,
12,14
fair
36:25
59:17,19
119:1
134:23
faith
74:3,8,10
88:20,23
89:19
91:15
92:22,24
93:21
98:4
99:2,21,
25 100:2
105:23
106:11
108:14
111:22
118:1
124:8
127:5
128:5
158:11
167:25
172:18
181:13,
16,17
fall
83:13
false
60:3
father
5:25
120:1
FAV
86:19,20
87:14,21
fault
12:9
fax
10:23
29:2
30:5,9,
16,22
31:4,8
43:2,6
140:7
feasible
116:11,12
February
10:7,8,25
90:17
136:10
137:4
150:19
feedback
123:5,8,
9,14
feel
59:24
74:11
75:1
81:21
96:17
97:6
C)ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
KELLY AVERY VOLUME I May 18, 2016
CITIZENS AWARENESS VS. TOWN of GULF STREAM Index: feeling..form
127:20
files
15 163:7
95:4
57:23
128:8
76:14
finish
108:2,20
58:10
129:4,9,
filing1051
:
112:25
59:8
11 181:6,
167:17
167:17
114:25
60:13
18 182:2,
179:16
61:15,20
13
fill
finishing
181:20
62:10,22
feeling
18:8
156:11
185:24
63:21
93:23
33:16
firm
187:15,
64:11
97:3,5
83:19
48:8,11
16,22
65:16
111:25
filled
57:3,6
follow-up
67:3
112:3,17
75:23
61:12
35:18
70:1,9,
127:8
final
99:11
force
16,22
128:7
100:9
71:2,17
134:24
37:3
72:23
129:5
164:11
firma
74:9
168:5
61:12
forget
finally
7.16
75:10
feelings
80:9
fiscal
76:25
112:15
146:25
40:15
forgot
77:13,21,
feels
37:12
24 78:15
finance
fit
74:21
form
83:1 86:788:9,15
97:10
11:18,19
100:12
8:15
finances
fits
9:10,25
89:2
fell
113:16
99:5,6
12:19
90:25
169:17
14:9
91:3,9,
find
five-minute
felt
16:15
7;25
15:14
17,24
14:24
21:24
20:4
83:2,9,17
89:21
26:12:9
fix
22:4,11
94:12
93:22
147:8
23:8
95:5,8,18
76:15,17
106:14,1525:22
91:15
Florida
96:11
127:18
116:2
4:4
26:11,17,
99:7,22
figure
119:21
24:12,15
20 27:10,
100:15
130:16
125:23
58:25
22 28:17
101:6
180:8
134:2
59:6,9
32:9
102:1
148:17
61:4
35:5,23
103:10,21
figured
164:21
36:7,14
105:25
gg:g
focus
38:2
106:5,12
184:8
finding
113:14
41:6,18
107:7,12
file
178:4
focused
44:4,17
108:22
18:7 54:8
fine
113:13
45:7,13
109:7
126:14
7:21 8:11
follow
47:23
110:3
132:11
9:7,22
48:3
111:17,23
24:15
22:18
50:6,11
112:18
filed
28:23
32:
51:7
116:15
53:5
67:4 72:2
33:66,,25
52:11,17,
117:2
150:6
77:4
80:5,8,23
22 53:15
118:6
162:11
105:9,14,
81:2,4,9,
56:7,14
121:3,11,
12,24
18,24
ESQUIRE 800.211.DEPO (33 76)
7 1 . 11 1 EsquireSolutions.com
KELLY AVERY VOLUME I
CITIZENS AWARENESS VS. TOWN of GULF STREAM
May 18, 2016
Index: formula..GP
122:3,4,
27:1
Freida's
13:20
girls
21 123:4,
foundation
12:18
18:17
143:2
21 124:9,
22.4
13:2 16:5
functions
gist
16,19
49:8
57:4,6
116:4,8
83:17
126:1,9,
60:2,6
frivolous
183:6
155:17
12 131:9
133:2
65:8
180:13
funneled
give
135:3
92:16,20
front
17:10
16:3 18:8
136:18
97.13
98.5
75'24
future
20:19
137:5,20,
151:3,8
119:8
64:8
33:6
25 138:5,
152:12
124:7
91:12
45:22
20,25
159:18
frustrate
164:4
65:21
139:8
161:23
135:1
141:9,15
2:
104:21,24
1 04
149:1,6
Foundation'
frustrated
G
119:11
150:24
a
112:23
124:5,15
151:10
161:5
113:1
145:19
152:13
Fourth
115:4
gave
44:24
147:23
156:19
32:7
frustrating
85:24
149:17
158:1,21
63:13
75:2 77:8
120:22
157:4
160:18
94:6 97:2
123:9
176:25
161:7,19
frame
113:4,17,
170:5
177:10
162:1
39:5
22 114:6,
179:15
165:23
90:13,14
11 115:14
general
181:21
168:2,10,
frames
87:16,24
182:16
16 169:23127
:24
frustration
188:1
186:4,5,
170:24
114:1
generally
13,15
171:5,19,
Frank
146:22
7:5 13:12
giving
23 172:8,
120:11
173:3
26:16
44:1
13 174:3
free
fulfill
61:4 72:9
177:21,25
20:20
16:17
76:6 79:9
goals
180:14
20;7
114:17
Freida
get all
formula
12:12,13,
fulfilled
104:20
God
120:14
14,15,25
114:10
114:15
125:12
forward
13:11
full
Gillespie
good
92:16
14:19,20
45:21
8:22 44:9
4:14,15
16:9
155:17
48:7
105:12
Foster
44:13
110:25
95:23
49:4,11
full-time
51:12
181:16,17
100:8
55:23
49:7
166:3
182:2
142:24
95:21
175:2
142:13,
fully y
178:20
government
185:18
14,18
73:6
179:6
72:14
found
154:20,21
fun
girl
92:9,13
18:9
166:12
78:9
142:21,23
Gp
22:24
function
118:11
ESQUIRE 800.211.DEP0 (3376)
Esquire Solutions. com
KELLY AVERY VOLUME I
CITIZENS AWARENESS VS. TOWN of GULF STREAM
May 18, 2016
Index: grab..hired
grab
41:24
guy
113:15
94:21
22:25
51:5 52:2
72:22
138:15
106:8
148:19
53:9
118:11
184:12
129:14
Granted
56:25
guys
happy
131:20
113:6
76:23
37:12
7:23
heard
79:8
155:15
88:16
78:19
harass
51:21,22
175:22
98:23
52:3
101:23
167:20
graphs
108:13
103:4
56:18
104:14
Harassing
94:21
137:6
111:3
122:1
62:23
101:20
grasp
118:18
127:5
hard
122:3
147:10
131:7
188:9
137:24
21:6
Graziano
139:14
H
36:15
heavy-duty
129:10
141:14
75:4,24
13:19
130:6
142:6,16
128:1
half
held
great
145:8
126:13
135:8
14:18
49:20
152:15
1 63:10
181:23
153:17
112:22,23
162:18,19
182:1
165:17
halfway
186:1,2
helped
group
172:2
141:20
harder
13:5
57:11
177:4143:25
Hall
21:24
90:11
180:20
37:19,20
75:19
144:4
97:13
181:1
76:15
helping
98:6,9
184:7
hand
99:1,2,6
28:3
78:4
39:10
100:12,13
guessing
33:15
90:22
114:14
112:10
18:21
67:19,21
96:16
143:13
118:1,10
29:22
89:11
hate
144:12
120:8
139:5,9
117:18
76:10
145:9,10
128:22
guidance
144:2
114:16
hey
130:12,
144:6
171:7,15
head
7:18
17,20
Gulf
handle
9:1 46:18
60:18
132:5
111:13
133:23
8:23
12:22
100:5
134:23
136:12
11:2,5,
40:11,14
119:9
175:9
168:8
10,13
hands
155:10
182:25
24:22
175:16
headache
grouped
25:21
115:10
hint
132:1
26:15
happen
65:22
groups
44:8,16
31:10
health
hire
100:24
50:9
82:2 85:4
14:25
116:25
101:1
51:13
164:4
15:1,2,4
52:6
happened
hear
hired
guess
152:8
13:13
8:24
11:16,17
11:15
170:5
35:25
30:25
12:25
23:1 27:9
13:21
90:24
32:21
30:1
49:6,7,10
ESQUIRE 800.211.DEPO (33 76)
Esquire Solutions. com
KELLY AVERY VOLUME I May 18, 2016
CITIZENS AWARENESS VS. TOWN of GULF STREAM Index: hoc -inundating
51:17
59:25
61:8
113:4
hoc
131:2,3,8
hold
87:23
175:23
holding
156:7
holds
41:8
45:16
hole
13:3
honest
123:25
124:2
honestly
25:5
51:16
100:20
154:17
hour
44:3,11
147:25
148:9
177:19
179:6
hourly
50:22
hours
50:20,25
127:25
147:25
185:14
186:9
187:9
Huh-uh
170:19
hurry
39:16
Hypothetica
1
64:12
70:16
91:17
108:3,15
111:18
162:8,12
hypothetica
is
163:24
I
idea
110:25
111:6
131:17
134:13
182:25
184:14,
24,25
identical
59:4 61:3
identificat
ion
10:15
43:11
54:12
149:20
II
188:13
impossible
148:15
Improper
163:18
in-depth
16:19
inappropria
to
172:6,7
incapable
4 7: 22
include
37:2
93:20
126:18
142:4
included
103:2
111:21
118:3
121:17
123:20
142:16,17
includes
36:17
incorrect
39:25
independent
ly
72:12
individual
99:24
inferred
171:17
information
5:5 18:2,
6 35:1
107:17,21
124:15
144:5
inherited
12:17
initiated
69:19,25
initiating
69:20
inquire
111:10,11
inquiry
128:9,15
instance
50:19
178:19
instruct
8:4 163:9
instructed
86:14
instruction
a
65:2
intake
16:24
32:21,25
33:3,5
36:5
41:15
42:6
82:13
98:1
152:24
153:1,5,
12,15,23,
25 154:3,
6,15
intakes
90:21
181:20
intend
114:13
intent
111:11
168:1,15
171:4,8,
9,17
intention
79:19
intentional
182:12
intentional
ly
74:12
75:5,7,14
167:19
182:3
intentions
170:23
172:7
intern
143:7
interns
143:23
144:16
interrupt
89:16
178:18
interruptio
n
170:25
inundate
107:1
127:5
171:10
inundated
13:8,9
20:22
29:6
74:15
75:14
76:23
89:21
103:25
106:15
109:20
111:22
127:19
128:1
154:16
155:16
157:16
168:24
inundating
100:1
103:3
ESQUIRE 800.211.DEPO (3376)
EsquireSol utions. com
KELLY AVERY VOLUME
CITIZENS AWARENESS VS. TOWN of GULF STREAM Ind
106:24
item
Jobs
129:3
109:23
21:17,18
12:20
157:15
inundation
items
Joel
justified
21:7
22:22
59:6
158:12
25:17,19
39:13
61:19,21
28:1,11,
73:22
68:1
12 84:15
76:17
71:15
K
96:7
158:11
161:14
inundations
168:20
KARNS
4:3
96:6
J
jogs
7:17
keeping
invoices
87:20
45:18
100:8
jam
involved
93:25
John
kelly
134:5,12
4:8 67:19
10:2 14:7
jammed
125:3
22:5
135:21
joint
23:17,19
136:15
33:20,21
kind
36:3,13
140:6
122:3
Jonathan
44:19,23
jamming
97:12
kinds
45:2
96:15
98:4
12:20
57:3,7
14:1
86:20
Jeff
Jones
22:23
95:21,22
131:15
95:23
86:23
112:1
jeopardize
100:8
131:13
129:16,22
15:4
142:24
142:6
142:5
143:2,22
143:11
Jerry
185:17
160:20,22
144:17
100:9
183:19
judge
185:5
145:3
Joanne
176:23
159:16
152:6
knew
July
148:16
involvement
job
18:21
186:5
31:25
12:18,24
29:23
knowing
involves
13:3,11,
143:13,14
22:21
12,19,25
186:3,4,
jumped
13
14:13
involving
143:12
16:5
knowledge
10:3
39:12,19
June
7:14
116:10
40:14
18:21
25:24
issue
75:3 77:2
134:3
35:17,19,
43:3,5
113:5,7,
143:14
22 44:10
45:25
14 114:19
Juneish
47:3
162:11
140:25
49:14
143:13
155:21 50:10
issues 182:2,8 justificati
140:16 52:3 58:8
on 62:9,22,
166:17
May 18, 2016
ex: inundation.. Lake
25 63:6,
19 64:10
65:7
66:2,12
72:19
89:5
103:18
104:22
124:5
126:16
127:9,11
155:15
167:12
169:18
170:4
185:20
Koch
119:16
L
label
54:7
lack
54:4,5
56:23
58:9
66:23
68:21,24
69:6,8
70:21
71:9
157:19
158:7,10
161:24
162:11,
21,25
163:16
lady
38:17
3 9: 3
48:12
Lake
24:13,16,
ESQUIRE 800.211.DEPO (3376)
1 11EsquireSolutions. com
KELLY AVERY
VOLUME I
180:14
103:2
May 18, 2016
CITIZENS AWARENESS VS. TOWN
of GULF STREAM Index:
language -looked
18 25:2,5
lawyer
88:15
11,12
98:14
language
53:21
91:17
likewise
100:5
11 122:1
152:8
108:4
105:24
104:2,7
110:1
long
law
109:3
59:22,24
134:1,3
9:21
111:17
105:10
large
Lawyer-
137:25
limit
119:7
147:6
client
61:12
98:20
33:3
4:5 19:20
23:16
139:8,10,
107:19
155:18
48:7 78:1
128:16
18,19,22
limited
157:11
109:22
lawyers
140:16
21:2 78:1
177:16
lasted
138:6
151:10
85.5,9
182:4
38:14,20
leads
152:13
link
185:16
98:19
162:5,14
18:8
logging
late
143:15
165:1
80:12
23,24
29:23
leave
168:2
list
32:13
79:17
14:21
172:13
65:21
33:10
120:21
185:25
lawsuit
49:4186:5,13
42:6
170:9
54:8
180:14
103:2
laugh
139:15
all
legally g y
111:21
logs
92:4
185:2
119:3,6,
157:5,8
134:20
leaving
11 122:1
158:14
105:24
legit
131:18,22
long
law
106:3
59:22,24
134:1,3
9:21
21:1
58:24
led
letter
147:6
20:14
61:12
98:20
33:3
168:20,23
23:16
78:11
35:10
listed
33:4
87:2
ledger
43:24
111:24
50:24
99:11
17:21
80:12
118:2
51:1
100:9
85.5,9
98:1
133:16
104:16,18
106:19,
left
146:10
134:1
20,25
12:12,21
152:20,
listen
143:15
111:9,12,
13:11,16,
23,24
60:18
154:4
14,16
17 14:19,
153:1,5,
listing
160:2
20 16:9
10,22,25
120:21
185:25
lawsuit
49:4186:5,13
Letting
69:24
55:23
Literally
187:1,14
70:14
5:7
74:7
105:21
longer
71:24
level
litigation
72:1
legal
24:21
113:20
76:13
88:14
8:19
182:24
91:22
91:2
50:11
locate
149:11
161:16
53:9
liaison
144:12,13
167:1,3
162:10
56:14
177:2,3
lodge
longest
lawsuits
57:23
licenses
8:2
38:19
58:1
87:24
61:11
60:13
log
looked
129:25
65:10
life
14:13
42:5
130:1,7
68:25
182:9
17:14,20
55:16
132:11
70:16,22
likes
18:4,5
172:21
157:8
77:16
156:10,
32:14,20
173:21
ESQUIESQUIRE 800.211.DEPO (3376)
RE 0 L U. 1 0 N s EsquireSolutions.com
KELLY AVERY VOLUME I May 18, 2016
CITIZENS AWARENESS VS. TOWN of GULF STREAM Index: lot -mentioned
lot
24:23,24
34:4,9,24
62:5 66:9
83:25
98:7,13
119:12
145:13
156:21
181:23
lots
84:15
Lou
111:21
118:3
119:15
121:1
126:18,22
132:19
love
114:15,18
low
9:5 94:20
159:6
lower
116:21
lowest
20:7,9
44:7
46:20
51:2
116:17,21
177:23
178:2,5
lull
29:3
lump
99:13
142:6
lunch
104:13
105:1,2,3
luncheon
105:16
M
machine
2 9: 2
30:5,9,
16,23
31:4
43:3,6
140:7
made
10:6
26:25
42:13
75:6 78:8
91:7
95:12
99:24
105:23
106:11
120:17
127:14
128:10,
12,15
150:18
161:22
166:5
167:13,20
169:4
main
14:11
39:12,19
67:10
114:17
120:16,19
166:22
171:8
major
42:18
46:9 94:5
98:24
129:7
133:18
majorly
23:18
make
7:19
14:13
17:17
31:7 40:4
54:9
60:6,22
72:13,15
74:12
79:17
83:3,9
85:10
98:19
103:17
107:23
109:6,13
126:13
131:8,23,
24 132:20
135:18
141:7
169:15
173:9
174:24
185:23,24
187:6
makes
15:16
76:2,3,15
78:1
90:21
148:10,14
164:11
making
40:19
78:9
96:15
99:3,20
107:11
112:7
113:21
117:22
130:9,11
147:21
174:18
187:13
management
86:21
118:9,20
manager
122:10
156:4,9
manner
89:23
107:2
Mar
120:6
March
153:11
154:10
155:1
mark
10:12
43:8
149:14,17
marked
10:14
43:10
54:11
149:19
markings
54:9
Martin
90:12
97:12
98:4
118:10
120:6,8
MARY
4:3
master's
88:2
matter
2 0: 10
46:15
82:24
131:12
maximum
36:12
mayor
120:1
Meaning
185:23
means
21:7
51:23
52:1,25
151:23
meant
141:23
mediation
188:1,2,8
medical
147:15
meeting
109:4
129:18
meetings
129:14,20
memory
7:17 71:6
87:20
170:18
men's
167:7
mention
15:2
mentioned
11:23
14:23
20:21
27:5 30:5
34:3 40:5
51:10
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions.com
KELLY AVERY
VOLUME I
103:25
72:15
May 18, 2016
CITIZENS AWARENESS VS. TOWN of GULF STREAM
Index:
Michelle..O'boyle
97:15
moment
50:2
never-
36:12,20
102:7
119:7
124:1
ending
44:7 74:2
146:6,21
181:13
163:8,11
114:11
77:23
175:13
money
16:9
88:13,19
45:21
multiple
nobody's
133:16
184:5
167:15
92:22
15:14
93:1
110:13
64:21
Michelle
145:25
125:15
183:17
98:3
131:15
146:1
138:14
months
101:19
139:17
O
20:19,20
node
102:7
middle
186:19,
147:22
9.1
103:24
notes
20,23
157:16
15 38:14
157:10
135:19
147:6,11,
84;22
104:20
notice
21 5:1
21 5:1,,
17,23
norm
natural
Mike
monop
148:16
113:8
109:22
100:6
30:23
N
122:18,22
104:8
monopolize
t
normal
123:20
noticed
146:16
named
45:14
124:8
Mikolos
8:17,24
76:21
125:19
128:21
monopolized
121'2'7
113:12,18
127:1
mind
30:16,23
names
164:18
147:19
23.7
31:8,11
98:4,8,9,
179:10
150:17
49:19
140:20,21
10
not -for-
152:10
115:22
141:21
101:18,19
profits
162:20
ESQUIRE 800.211.DEPO (3376)
9 O l U T I O N S Esquire Solutions.com
monopolizin
103:25
72:15
165:7,11
mine
104:3,6,
167:24
103:12
g 145:20
12 120:24
Notary
172:17
minimally
121:14,
4:4
181:13
24:20
month
15,17
note
16:9
132:3
numerous
minus
84:20
133:16
4:17 6:24
167:15
15:14
166:4
166:4
narrative
56:6 85:5
minutes
months
8;20
139:17
O
20:19,20
25:4
39:1829:12,14,
narrow
notes
O'boyle
49:23,24
15 38:14
157:10
43:2
147:6,11,
84;22
182:22
notice
21 5:1
21 5:1,,
17,23
morning
natural
6:16
11,15,22
148:16
4:14,15
110:8
26:21
6:2,5,9,
misetatemen81:15
Nazzaro
11,15,22
t
motion
143:4,21
noticed
7:1,10
136:14
54:8,20
5:22
8:17,24
126:14
necessarily
100:23,25
9:2,20
misstating
167:17
90:9 96:1
10:5,16
150:12
106:22
notify
mouth
12:8 13:1
mistake
39:21
154:3
45:16
14:16
75:12
144:3
187:21
nuance
15:15
mitigate
needed
34:23
19:6
109:25
move
39:16
85:24
number
20:12
49:17
21;9
22:8,16
ESQUIRE 800.211.DEPO (3376)
9 O l U T I O N S Esquire Solutions.com
KELLY AVERY VOLUME I May 18, 2016
CITIZENS AWARENESS VS. TOWN of GULF STREAM Index: O'boyle's..obscure
23:12
74:24
124:4,11,
178:7
107:7
25:23,24
75:11
17,23
180:19
111:23
26:1,7,9,
77:9,14,
125:2,7,
185:11
135:3
13,18
18,22
10,16
137:5
O'boyle's
27:4,17,
78:7,16
126:2,10,
138:20
67.9
23 28:8,
83:12
17,24
141:9
20 29:1
85:8
127:13
0'
149:1
32:11
86:10
128:13,18
boylelawfir
150:24
35:8
88:11,18
131:10
m
151:10
36:2,11,
89:4,15
133:5
102:23
161:7
24 38:3
90:12
134:11
0,
162:22
41:13,22
91:1,5,
135:6
boylelawfir
165:1
43:12,21
11,20
136:21
168:2
m.com
44:6
92:1
137:8,23
101:23
180:14
45:5,9
93:4,10,
138:2,7,
objection
46:1
19 94:18
9,16,23
O'connor
48:1,4,22
95:2,6,13
139:2,12,
6:3 152:6
5:11 6:25
6:3 15:14
49:21
96:2
19 140:5,
01hare
22:3 23:8
50:1,7
97:7,12,
18
6:1 29:5
56:6
51:3,9
18,24
141:11,18
68:14
63:2,12
52:14,18
98:4
144:8
93:15,20
64:23
53:1,20,
99:11,18
149:3,8,
97:13
65:10
22 54:2,
100:3,17
22,25
98:5
66:18
13,18,21,
101:12
150:9
99:11
68:25
23 55:6
102:5,11,
151:1,14
102:7,19,
85:6
56:9,20
13,18
152:1,18
20 112:2,
97:17
57:3,20,
103:13,23
153:2,18
8 120:21
102:8
24 58:3,
104:14,
157:3
133:14
108:3,15
14 59:11
18,22
158:13
134:7,9
122:2
60:17
105:3,7,
159:4
61:12,18,
9,14,17
161:9,20
oath
125:13
23 62:12,
106:2,7,
162:6,9,
7: 13
126:20
15,19,24
17 107:8,
17,23
105:19
127:12
128:11,16
63:7,8,
15 108:7,
163:12,20
object
138:11
18,24
17,23
164:9,22
8:4,15
139:17
64:14,24
109:2,10
165:6,10,
25:22
140:13
65:5,14,
110:4
18,24
26:11
152:13
19,23
111:20
166:2,25
32:9 35:5
165:8,13,
66:3,15,
112:4,20
167:4,7,
52:11,17,
21 167:14
19,20
116:20
11,23
22 53:15
67:12,24
117:7,20
168:6,12,
61:15
objections
68:14
118:13,25
17 170:3
62:10,22
8:2 66:16
69:3
120:20
171:2,16,
64:11,23
obligated
70:4,10,
121:6,13,
21 172:4,
65:16
181:7
13,19,24
22 122:9,
10,15
89:2
71:4,21
23 123:7,
175:1
93:2,9,17
obscure
73:1
18,24
177:22
99:22
135:22
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
KELLY AVERY
VOLUME I
23:8,11
May 18, 2016
CITIZENS AWARENESS VS. TOWN of GULF STREAM
Index: obtain..Patsy
136:16
141:2,21,
operating overview
paragraphs
138:18
22,23,24
25:20 86:23
160:4
obtain
142:1,3,
opinion overwhelmin paraphrase
6:12,14
7,8
22:4,12 g
179:5
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
144:22
23:8,11
21:5
occupation
145:21
Park
140:23
153:24
58:5,6owing
24:13,16,
156:4
74:1010g
146:1
18 25:3,5
occupied
99;8
140:19,21
officer
126:5
part
141:1,13,
177:2
162:16
P
25:9
15,20
180:23,25
30:20
official
65:7 92:8
Occupy
4:18 5:21
opinions
pages
97.2
141:4
6:7
180:17
10:17
98:16,17
Occupying
officially
options
72 .6
72:6113:7
140:22
5:9 6:20
84:10
117:16
150:11
occurred
officials
orally
120:8
183:4
107:11
173:4,5
paid
128:21
20:7,9
130:12,20
October
omitted
order
44:8
133:23
11:6,14,
99:14
39:1 44:2
45:11
140:1
21 27:3
102:9
75:22
46:21
143:18
offended
on-line
89:22
51:2 56:1
161:22
150:1
18:7,15,
93:25
93:1
168:20,22
20 19:8
110:13
116:17,21
182:21
offered
127:6
146:1,12
87:14
39:11
146:3
177:23
partial
179:25
40:2,4
148:21
178:2,5
32:22
41:1,10
offhand
68:19
171:12
179:11,12
pass
29:18
114:15
181:19
187:8
116:13,25
33:1
145:11
ordinance
pain
117:1
47:13
183:22
148:19
77:6
passing
55:2
184:6,22
115:23
62:1,6
ordinances
pains
68:17
one's
39:18
15:7
past
85:19
79:16
original
paper
21:22
87:19,22
one-page
9:13
21:23
27:2
98:9,11
43:13
43:25
59:3
82:11
104:3
76:14
98:23
158:3,18
ongoing
originally
85:18
124:15
87:9
61:11
155:12
office
114:16
open
overbearing
path
Paragraph
134:
34
1 :17
92;12
14:23
122:19
108:2
135:21
operate
oversee
127:1
Patsy
136:16
25:20
155:25
135:20
98:15
140:20,21
104:10
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
KELLY AVERY VOLUME I
CITIZENS AWARENESS VS. TOWN of GULF STREAM
May 18, 2016
Index: pattern -point
pattern
148:14
45:15,16
170:14
Plaintiff
139:24
164:21
60:11
174:19
56:13,24
140:2
172:25
62:8,21
180:5
135:20
179:21
63:5 65:8
150:18
pay
personnel
84:10,12
184:9,10
66:1 77:5
141:23
151:2,9,
117:5
186:1
81:10
17 152:12
83:19
Pete
161:6
173:23188:3
110:10
133:21
179:10
people's
plaintiff's
179:10
117:6
phone
10:13,14
payable
118:21,22
31:19
22:2 23:5
13:6
percent
141:14
35:3,7
43:9,10
paying
83:10
182:9
48:12
54:7,11
178:23
perfect
person's
111:9
74:2
payment
83:3
20:8 82:3
116:8,9
88:20,23
81:11
105:21
personal
phonetic
92:22
perfectly
4:19
100:7
98:3
payments
60:25
25:24
128:21
124:8
100:8
50:10
133:21
134:24,25
payroll
Period
64:6
135:9
13:6,7
25:25
physically
149:15,
178:12,13
26:12
66:11
18:11
16,19
46:25
93:22
20:8
150:11,13
Pays
61:22
99:8
47:22,25
167:25
45:16
88:20
102:4
111:24
172:18
178:19
104:25
103:18
134:15
179:2
143:8
111:25
141:1
Plaintiffs
pending
185:10
112:3,14
144:12
136:15
126:4
106:1
permits
127:8
pick
plan
people
13:5,15
142:1
35:3
74:19
36:3,12
14:4
168:4
111:9
94:6
40:16
39:18
182:5,9
picked
96:15
66:9
40'2
personally
31:18
97:5
76:20
person
23:15
146:9
plans
83:4
12:2539:17
41:10
piece
84:10
13:21,23
56:22
123:19
85:21
14:7
72:25
85:18
play
95:20,23
15:17,20
73:21
124:15
149:11
99:2
16:21,23,
74:18
piling
104:1
25 17:1175:1
78:24
pleading
106:24
18:14
84:23
place
138:8
111:22
20:15
96:5
46:8
pleadings
114:25
21:6
113:23
179:14
52:12
118:2
22:14
140:7,19,
53:4 89:3
127:23
27:20
20
Places
164:20
132:11
33:13
141:13,20
24:8
point
133:1
38:1,5,7
ESQUIRE 800.211.DEPO (3376)
Esquire Solutions. com
KELLY AVERY VOLUME I May 18, 2016
CITIZENS AWARENESS VS. TOWN of GULF STREAM Index: police -public
5:15
164:23
116:6
41:20,21,
projects
71:23
23 42:3
114:14
possess
prevent
104:13
74:7
8:9 89:23
proceeding
proper
114:8
106:25
7:12
65:8
177:6
possession
111:12
114:25
156:17
process
police
127:6,15
152:12
37:2,3,5,
possibly
P Y
135:1
17:7,15
13,15,18
31:12
56:11
proven
prevented
164:18
100:22,25
174:14
posted
134:15
175:13,16
85:11
processes
provide
previous
27:1
6:18,21
policies
potentially
12:15
43:18
41:9
produce
144:24
previously
44:2
107:2
policy
practice
7:20 82:4
74:13
provided
26:15,24
83:10
75:17,19
26:12
27:5,8,9,
939:2
price
80:11
44:12
11,12,14,
139:2 4
47:12,14
145:25
68:10,12
21 34:5,
140:2
print
146:12
81:21
12 40:5,
7,9,18
predicate
105:10
produced
82:4
41:3,15,
23:9
prior
44:16
provider
19,21
26:12
27:24
80:9
33:22
42:3,10,
50:12
28:1,11
82:10
providing
16 82:17
56:7
43:3
135:12
32:24
84:1
102:10,14
68:22
146:3,8
50:8
87:11
137:22
102:10
producing
65:20
90:20140:10
Prefer
45:17
146:4,7,
177:9
privilege
77:11
Public
234:4
8'3
92:25
8:22
prepare
9:14,15
portion
55:15
problem
144:17
10:22
63:10
123:3
7:11
product
12:3 13:7
94:25
Prepared
38:16
123:22
14:7
145:24
122:20
77'3 78'3
128:11,17
15:10,22
portions
123:1
92:10,12
156:19
19:24
136:12
185:4
production
26:14
position
preserve
Problems
185:21,22
27:25
12:11
8:5
21:19
36:4
pretenses
professions
37:8,11,
14:18
procedure
1
15,18
39:22
60:3
25:20
87:24
39:13
40:1
pretty
33:24
40:9
91:21
63:23
34:5
Program
42:21
107:5,9
67:17
42:14,15
188:5
73:16
150:22
69:12
82:17
project
76:24
161:24
72:21
Procedures
16:1
85:13
163:14
81:23
86:18,21,
ESQUIRE 800.211.DEPO (3376)
5 0 1 O T 10 M S EsquireSolutions.com
KELLY AVERY VOLUME I May 18, 2016
CITIZENS AWARENESS VS. TOWN of GULF STREAM Index: pull -reasons
24,25
179:5
questioning
readily
87:1
181:24
102:16
R
22:22
88:22,25
puts
questions
reading
92:8,11
18:14
7:13 52:6
raising
63:13
93:6
110:17
64:16
148:25
69:10
106:19,24
107:11
putting
107:10
Randolph
71:19
131:4,6
5:5 18:20
109:14
98:15
140:14
134:23
134:
132:12,13
19:8
104:10
143:19,24
39:17
160:15
155:16
163:10
rate
144:17
109:8,15
real
188:12
20:10,14
150:18
184:21
52:3
50:22
156:6
185:16
quick
100:11
51.2
157:5,7,
22:25
115:19
116:19
11 158:14
Q
76:10
187:1
148:18
166:11
78:20
155:16
169:12,14
79:1
rationale
realize
173:9,17
quantify
147:9,10
18:23
175:21
24:25
148:18
19:8
105:18
188:1
25:2,3
155:16
reason
re -answer
pull
question
quicker
163:10
59:272:17,19
10:12
5:17,19
75:19
re -ask
73:8
148:18
7:20 8:5
quickly
34:6
84:14
19:4 37:1
PUP
50:5 63:9
22:24
163:5
145:15
87:1
64:24
148:6,21
reach
153:14
purpose
65:3 79:7
Quinn
76:20
154:2
150:4
102:9
128:21
84:1
161:12
106:1
110:2
183:2
purposes
108:9,11,
quote
reasonable
4:20
32:23,24
reached
19 109:14
33:7
94:8
74:13
put
110:5,11,
76:8
39:21
12,14
41,3,9,
read
78:5,17
42:4 86:1
122:6
122,13,24
22:22
79:16
115:4,6
139:14,21
45:15
31:10,13
96:16
116:5
160:21
81:7,8,10
55:4,9,
97:16
132:4
163:4,5,
154:3,7
11,12
98:2
138:3,5
6,7,19
11
58:12,16
187:17,
145:11
165:7,11
8,6,
155,,18,25
62:5
18,21
147:25
176:3
quotes
63:8,10,
148:2,11
179:9,13
78:8
17,22,23
reasoning
153:23
188:7
quoting
67:10
110:18
155:18
71:22
128:4
170:10
questioned
78:11
94:23,25
154:25
172:1
81:,11
135:17
reasons
173:7
82:33,
137:3
112:11
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
KELLY AVERY VOLUME I
CITIZENS AWARENESS VS. TOWN
May 18, 2016
of GULF STREAM Index: Rebecca -remember
Rebecca
recognizes
32:24
19 114:21
referring
13:24,25
93:6
33:6 36:4
115:20
25:23
37:24
record
39:13
127:6,19
68:6
47:5
40:1,9,11
131:4,6,
135:23
5:5 B:6
48:23,24
42:21
8,14,23
136:19
9.15
49:1
43:25
132:12,13
137:18,19
12:1,13
122:14
44:2,14,
133:17
141:17
16:8
142:9
43:22,23
15 45:17
135:10,
refresh
Rebecca's
56:8
55:16,19,
14,15,16
71:6
47:6 49:9
63:10
20,23
143:19,24
170:16
57:8
144:17
recall
86:24
68:10,13
145:13,25
regard
31:15
87:2
72:13,16
146:3,8,
26:21
39:8
94:25
73:16
9,12
167:18
42:19
106:19,25
74:13,22
150:18
181:13
145:15,22
43:20
153:16
76:3,24
155:13,22
regular
48:20
158:14
77:15
156:7,24
113:5
59:20,21
167:21
79:23,25
157:5,11
171:12
105:23
80:4,13,
166:11
106:3
173:10,
14 81:5,
168:25
reimbursed
130:5
17,19,20
8,9,12
169:4,12,
178:23
174:8,11
158:23
175:9
82:10,15,
14,25
reiterate
161:3
176:8
18 B3:5
170:10
62:8
receipt
85:13,21,
171:13
81:11
records
24 86:18,
173:24,25
relate
8:22 9:14
21 87:1
175:4,21,
150:5
receive
10:2,22
88:22
22,24,25
related
32:18,20
12:2,3,
89:1,7
176:4,25
16:20
45:19
23,24
91:7,8,22
177:6,10
31:14
148:22
13:7,16,
92:8,11,
178:4
90:11
received
17,18
25 93:6
179:24
relationshi
136:7
14:7,12
96:21
180:12
137:1,14
15:10,17,
101:10,21
181:5
p
138:17
18,22
102:20
182:15
31:4
16:12,20
103:7
184:17
51:11
receiving
17:3
105:10
188:1
relaying
138:13
18:6,9,10
107:1,2,
144:5
refer
recess
19:8,24
11,23
137:4
relevant
105:16
20:7,9,
108:8,12,
167:25
139:22
11,15
13,20
recipient
21:15
109?6,9,
188:13
rely
131:5
22:15
13,15
reference
176:9,22,
recognize
23:3,15,
110:13,
101:8
24
10:17
25 24:19
17,19,24
referred
remained
11:1
25:12,18
111:7
141:22
39:9
43:15
26:15
112:1
107:5
27:12,25
113:6,9,
remember
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
KELLY AVERY VOLUME I May 18, 2016
CITIZENS AWARENESS VS. TOWN of GULF STREAM Index: remembered -requests
16:9
rephrase
18:7,9
152:19
107:10
29:15
40:25
21:15
157:5
110:2
30:12,15
22:1,10
161:22
118:2
report
38:13,15,
23:3,4
166:5
40:16
requests
18 39:4,5
25:18
169:4
115:3
12:23,24
42:23
27:13
181:5,7,
47:4
reporter
32:13,18
21,25
13:8,16 ,
48:21
4:4 6:3,
33:16
184:11,12
17718
,18
55:1
19 9:1,17:20
34:17
185:7,9,
58:24
15,17
36:8,10,
15,23,24
20:25
59:3
12:5
16 39:14,
187:6,7,
21:11
61:5,19
28:3,6
16 40:12
13,14
22:17
62:3,6
48:16,18
43:25
23:25
67:16,23
57:17,19
46:4
requested
24:19
71:19,20
63:11
47:22
44:2
25:13
86:3,19
89:11
55:16,23
55:25
28:1
68:9
33:10,11
87:15,17,
95:1
60:7
19,22
99:14,16
69:20
73:22
34:4,9,24
95:10
108:24
73:16
80:22
55:19,20
132:23
109:1
75:20,23
requestee
57:8,25
133:15
117:18
76:8
45:22
61:10
136:6
122:2,5
79:14,17
requesting
68:11,13
72:13,16
137:13
134:8
82:15,18
67:6
75:6
142:22
139:25
83:19,24
143:10,12
144:2
88:22
requestor
76'24
153:21
149:23
89:1,7
19:12,15
84:15
158:24
152:25
91:7,8
20:20
85:13
159:3,12,
158:9
93:16
31:19
90:2,4,6,
16,17,21
162:3
98:22
32:16,19
8,23
160:7,24
34:1,6,13
91:23
reports
100:6
100:6
35:12,18
92:11,17
remembered
173:21
84:2
96:6,22
7:18
105:22
98:22
represent
106:11
94:9,11
reorganized
44:7
108:8,12,
105:23
99:3,20103:7
12:21
representat
13,18,20
115:24
107:11,24
repeat
ive
109:9,16
116:14
109:6,13
19:5
58:8
110:17,
117:1,5
110:13
129:1,2,
request
19,24
145:14
146:17
112:1,7
18 144:3
9:14,16,
111:7
168:1
113:6,9,
171:1
23 10:1,20
115:20
171:4
114:22
131:8,14
repeating
6,22,24
138:19
127:14
102:17
11:1
requester s
129:7
163:4
12:16
139:7
111:11
15:16,22
143:16130:9,11
170:23
131:23
repetitive
16:6,22
149:16
171:4
132:20
17:18
17:3
150:13,19
requestors
133:17
151:21
`� ESQUIRE EsquireSoEPbns.com)
KELLY AVERY
VOLUME I
142:9
May 18, 2016
CITIZENS AWARENESS VS.
TOWN of GULF STREAM
Index: require -scope
134:14,18
90:22
responsibil
37:21
7:6 61:9
135:22
91:8,22
ities
46:13
163:6
136:16
96:8,16
86:25
73:12
138:14,18
97:16
95:21
running
responsible
134:14
5:8
145:13
98:2
15:10
122.12
115:10
146:9
101:9
142:9
22.14
155:13,22
108:12,13
155:4,10
32:14,15
156:25
111:10
156:14
S
33:14
157:7,16
134:14
166:14,22
50:3,8
169:25
147:24
,24
55:2222,
175:15
salaries
170:11
176:22
56:2
177.7
47:10
171:13
181:9,19
175:15
Ri
176:4,8
182:2
salary
y
176:1
142:
142:7
20:8
180:12
185:25
181:2,24
responsive
Robert
46:21
184:18
responded
15:18
100:8
47:6
187:23,24
require
16:13
Roeder
sanctions
83:25
responder
18:4,9
111:21
167:18
45:22
44:15
required
46:4
118:3
satisfy
responding
119:15
5:12
6:16,18
60:13
25:16
121:1
9:13 19:3
42.7
81:5,12
126:18,23
save
requirement
47:22
rest
132:19
154:7
187:16
89:23
85:25
role
savings
requirement
134:15
restroom
11:13
19:20
i
155:25
t s
49:19
143:6
scan
40:12
responds
result
155:25
18:5,14
requires
17:17,25
68.22
160:16
39:12
5:16,19
response
70:20
room
116:5
33:7
88:23
167:7
145:5
resident
129:5
43:24,25
156:12
188:3
scanner
80:4,9
review
route
30:17
resignation
88:8,22,
59:7
25 149:15
149:18
146:2
scanning
150:19
rhyme
rubric
18:11,20,
resigned
23 19:7
59:1
154:11
153:14
78:18
181:4,6
154:2
rule
142:16
resigning
responses
Richman
5:16,19
scans
59:2
14:15
100:9
6:15
39:15
resolutions
118:23
ridiculous
43:19
schedule
39:18
142:5
92:6
rules
185:21,22
respond
150:13
Rita ta
7:5,8
school
16:12
96'22
31:1
15:25
33:7 42:6
57.8
31:24
run
scope
ESQUIRE 800.211.DEPO (3376)
11 1< EsquireSolutions.com
KELLY AVERY
VOLUME I
May 18, 2016
CITIZENS AWARENESS VS. TOWN of GULF STREAM Index: seek -speculation
26:20
164:23
150:14
slash
sound
41:18
settlement
160:4
11:17
40:19
seek
29:21,23
aide
30:17
169:15
35:12,15
43:3
82:13
153:24,25
sounds
181:10
140:10
sign
Sloan
134:6,8
seeking
settling
108:13
131:15
space
33:14
29:3
signature
small
141:16
81:25
share
152:4
74:15
speak
sees
6:16
significant
96:19
187:13
52:12
16:22
shares
30:8
121:20
select
112:16
42:13
Smith
129:14
127:22
120:12
150:6
sheer
Billy
send
21:9 34:4
180:20,21
snarky
speaking
17:13,23
181:8
71:1
66:16
shifts
94:20
32:22,24
113:14
simple
sneezing
107:5
33:3,5
80:5
45:15
Shorthand
16:15
special
75:20,23
solutions
90:10
4:3
19:22
98:1
single
115:1719
,
20:3
shot
176:10,
25:14
21:4
somebody's
specific
11,18
sit
35:1
15:17
179:21
shoulders
79:21
182:17
83:13,15
66:14
71:12
78:22
someone's
101:2
sends
show
sitting
39:14
130:2
47:12
43:17
78:23
sort
142:25
sense
52:13
14:12
16:23
153:21
117:3
54:15
1477 :7
34:3
166:9,18
65:7
39'22
176:15
sentence
showing
situation
40:1
specificall
134:25
157:15
80:16,21
41:15
135:19
81:21
y
137:3,17
shown
171:24,25
81:14
9:22 70:6
138:10
92:22
174:4
147:18
71:20
156:7
166:19
140:6
shows
sixth
166:13
141:19
139:23
97:22
179:4
specificity
separate
157:18
skip
188:4
46:12
175:18
171:11
150:2
aorta
speculate
service
sic
12:20
101:17
19:22
53:12
sky
14:1
163:25
20:3
126:15
174:6,7,
9 20
160:20,22
speculation
135:1,8
22:11
Bet
136:15
slammed
sought
27.22
41:20
149:16
96:21
70:20
45:13
163:21
135:10,14
ESQUIRE 800.211.DEPO (3376)
5 0 l Y T 1 0 M 8 Esquire Solutions.com
KELLY AVERY VOLUME I May 18, 2016
CITIZENS AWARENESS VS. TOWN of GULF STREAM Index: speed..support
63:21
161:24
159:7,9
8:23
submit
64:12
162:21
160:1,8,
11:2,5,
80:11
65:17
163:1,16
9,12
10,13
85:23
69:1
start
statements
24:22
submits
71:2,17
4:16 7:2
53:7
25.21
81:11
91:18
26:15
95:8,18
11:5
71:10
44:8,16
submitted
18:20
156:22
121:3,11
50:10
16:6
122:21
19:
161:5
51:13
81:18
123:21
28.11 2
states
52:6
135:22
131:9
45:17
24:14
170:5
136:17
46:24
137:25
51:25
stating
Stream's
sue
162:1
56:21
133:15
152:8
60:15
163:18
58:15
169:10
165:4
statutes
streamline
166:1
61:24
86:13
182:25
sued
97;3,4
88.22
speed
184:17
stay
Street
97:1
107:19
started
14:25
141:4
113:14,
181:22
spent
11:6
stress
22,23
45:20
28:25
stayed
14:23
suggested
163:3
29:4,6
39:22
strike
188:8
Spoke
51:18
steep
P
124:1
suing
93:13
143:11,12
179:7
129:13
184:15
57:22
159:5
step
structure
60:12,15
spoken
starts
42:5,20,
155:9
65:9
73:9,11
17:14
22,24,25
stuff
suit
130:25
States
45:12
46:8
69:20
sporadic
4:4 21:1
79:10,13
56:19
40:13
154:8
summary
34:20
72:13
156:15
62:5
59:23
78:25
staff
86:13
steps
113:19,21
superior
21:2 25:9
187:18
32:19
114:15,16
64:10
74:15
,
State's
173:20,22
116:5
superiors
78:1
187:16
181:17
117:24
114:2
176:10,11
stated
atop
144:1,6
115:4,16
stance
58'18
39:13
160:15
164:8
63:25
171:14
supplement
67:5
174:21
56:7
standing
164:7
102:11,13
54:4,5
129:15,22
183: 13 12,
supplies
56:13
statement
130:7
stupid
20:10
67:5,11,
58:9
13,15
storage
173:7
support
PP
68:22,24
68:2
46:9
subject
56:12,22
157:19
69:10
Stream
131:6
58:8
158:8,11
158:25
152:19,21
65:25
ESQUIRE 800.211.DEPO (3376)
5 0 L U T 1 0 N 9 Esquire Solutions.com
KELLY AVERY VOLUME I
CITIZENS AWARENESS VS. TOWN
May 18, 2016
of GULF STREAM Index: supports -talking
67:1 69:8
22:3,11
75:10
13 126:1,
Sweetapple'
74:8 89:6
23:8
76:25
9,12,20
s
138:10
25:22,25
77:13,16,
127:12
158:23
156:17
26:4,8,9,
21,24
128:11,16
159:14
157:14
11,17,20
78:15
131:9
27:10,22
83:1 85:6
133:2
sworn
supports
4.9
157:11
28:17
86:7
135:3
32:9
88:9,15
136:18
system
161:12
35:5,23
89:2
137:5,20,
18:6,23
supposed
36:7,9,14
90:25
22,25
31:8
40:13
38:2
91:3,9,
138:5,8,
61:11
41:6,18
17,24
11,20,25
67:6
43:16
93:2,9,17
139:8,10,
T
69:19
44:4,17
94:12,23
17,21
72:16
45:7,13
95:5,8,
140:1,13
table
74:16
47:23
18,24
141:9,15
68:10
75:21
48:3
96:11
149:1,6,
takes
116:17
49:17,23
97:17,21
17,21,24,
21:24
121:15,16
50:5,11,
99:7,22
25 150:3,
76:13
surlink
14,16
100:8,15
24
79:3
101:21
51:7
101:6
151:10,23
187:8
52:11,17,
102:1,3,
152:13
surprise
22 53:15,
8,12,14
153:16
taking
95:3,10
21 54:1,
103:10,21
156:19
5:4,6 6:8
surprises
14,15,20,
104:11,
158:1,4,
65:2
119:5
22 55:3
15,21,24
20,21
talk
56:6,14
105:5,8,
161:7,19
6:22
surveys
57:23
12,25
162:1,5,
160:5
10:4
58:1,10
106:5,12
8,12,14,
165:19
suspend
59:8
107:7,12
22,25
183:10
163:8
60:13
108:3,15,
163:3,18,
167:16
61:15,20
22 109:7
23 164:2,
talked
62:10,14,
110:3
13,17
48:13,23
Sweetapple
73:5
17,21
111:17,23
165:1,4,
4:16,22,
63:2,12,
112:18
8,13,21,
97:11,14
24 5:3,
21 64:11,
116:15
23 166:1,
talking
12,15,18,
23 65:1,
117:2
23 167:14
34:10
24 6:4,6,
10,16,20
118:6
168:2,10,
36:21
10,12,17,
66:1,4,
121:3,11,
16 169:23
85:10
24 7:7
17,18
18,24
170:24
141:8
8:15,19
67:3,19,
122:4,6,
171:5,19,
142:17
9:10,25
21 68:25
21 123:4,
23 172:8,
144:22
12:19
70:1,9,
15,21
13 174:3
152:23
14:9
12,16,22
124:1,9,
177:21,25
159:23,24
15:14
71:2,17
16,19,21,
180:14
160:13,16
18:24
72:23
24,25
185:10,18
161:12
19:3 20:4
74:9
125:4,9,
186:19
ESQUIRE 800.211.DEPO (3376)
I 1. I EsquireSolutions.com
KELLY AVERY VOLUME I
CITIZENS AWARENESS VS. TOWN of GULF STREAM
May 18, 2016
Index: talks -time
187:3,5,6
temporary
67:16
thinking
25:25
talks
38:6,11
thicker
59:23
26:12,19
59:6
39:7'22
160:9
thinks
32:4 34:8
47:9,15,
35:10,11
tangible
17 64:3,4
thing
164:3
36:9
156:16
115:24
33:20,21
thought
38:12
tape's
116:1,3,
54:19
44:20
39:5
5:7
10,13
57:2
94:21
44:23,25
117:5
58:11
118:7,15
45:18,20
tapes
142:15
62:2
Thrasher
46:25
5.7
143:18
67:10
11:20
47:12
tasks
144:25
78:23,24
12:10
50:5
39:8te
79:24
55:3,7,9,
Taylor
21:21
84.9
95:15
11,12
25:6
103:6
122:10
63:13
27:18
114:11
142:4
74:1,14,
37:22
tend
120:19
17 75:20
95:16
113:11
129:1,21,
144:25
76:1,4,5,
122:12
24 146:25
156:9
7,8 77:5
144:25
term
157:6
Thrasher's
78:1,5,18
155:10
51:21
159:1,10
155:24
79:2,4,
156:2,7
terminal
160:10,14
threaten
15,16
Technically
152:2
182:5
72:4
81:21
177:4
terms
184:13
82:3,25
telling
31:2
things
three-day
152:20,23
83:2,11,
102:11,15
140:23
12:22
153:10
25 84:2,
126:4
testified
21:17
3,5,13
144:6
4:10
45:6,8
thunder
96:17,24
156:8
60:22
176:5
97:1,16,
184:3
testify
76:10,16,
tied
22 98:2
53:17
19 78:2
30:9
104:24
tells
64:9
79:15
105:6
20:15
125:1
100:22,25
tiers
112:13
156:14
testifying
114:12
147:22
124:3
temp
66:6
115:21
148:11
125:25
49:3,10
116:2,3
ties
127:6,24
115:24
testimony
120:16
120:19
135:9
116:25
102:10
133:8
140:22,
161:22
145:11
time
23,24
template
12:5,6,
141:16
that'd
156:16,21
18.8
130:18
164:12
16 22
142:10,
templates
184:19
171:7
13:7,22
11,12,13,16:6,13
117:24
176:15
21 143:8
That9ll
182:25
18:19
145:24
tempor
65:21
19:5
154:17
184:22
38:11
thick
188:4
21:24
166:14
22:15
173:5
ESQUIRE 800.211.DEPO (3376)
9 0 1 U T 6 0 N 9 EsquireSolutions.com
KELLY AVERY VOLUME I May 18, 2016
CITIZENS AWARENESS VS. TOWN of GULF STRE 1dex: time-consuming..Um-hmm
176:17
53:13
52:6,10
148:24,25
track
184:9
61:10
53:5,12
150:22
45:18
185:10
85:21,25
54:3 58:8
152:8
114:9
186:21,23
107:23
62:9 63:6
155:10
transcript
187:17,18
109:5
65:7
156:2,4,
125:22
time-
119:19
66:2,6
7,9,17
consuming
120:16
67:1,2
157:9
Trey
125:20
68:23
165:19
143:3
13:19
127:4,8,
69:23
166:4
triage
timely
16 130:23
70:6
167:24
79:13
89:23
164:5
71:8,9
169:4,10,
147:14
107:2
168:14
73:11
18 170:5
times
tomorrow
74:7
171:10
trial
20:14
56:1
76:24
172:17,22
63:4
33:15
77:10
175:15,
123:20
38:9 63:7
tons
78:18
16,20,21
tripped
85:22
181:25
80:3
176:10,11
169:17
124:22
top
64:4,19
177:8,17
126:13
46:18
86:5 88:7
178:20
true
133:9
96:15
91:8,15
181:12,17
135:2
135:1
119:9
92:24,25
182:24
150:23
145:13
181:22
93:5 94:8
183:7
trust
163:11
95:3,4
187:12
73:6,7
167:15
topic
99:3,20
Town's
truth
171:8
49:18
103:25
19:1
42:23
175:11
town
104:23
44:25
187:1
8:22
105:22
52:15
truthfully
11:2,5,
107:6,20
56:25
7:14 8:9
Tina
10,13
108:12
77:19
two-page
120:6,8
20:6
109:3,19,
85:11
10:18
Tini
21:22
24 110:1
89:5
120:5
24:6,13
111:9,13,
91:21
Tylenol
title
25:21
22 113:4,
96.8
115:11
58:19
26:15
12
107:4,9
type
35:17
114:13,18
123:16
50:18
titled
36:17,21
115:16
134:17
121:4
68:1,5
37:19,20
116:4
140:7
to/from
38:12
122:10
154:10
85:14
8
39:10
123:9,19
161:24
U
40:14
126:11
163:13
today
44:8,16
127:2
164:23
ultimate
8:8 45:11
46:4
128:10,14
177:18
175:25
64:19
47:21
134:14
91:7,12
50:9,23,
138:3,17
towns
Um-hmm
161:15
24 51:11,
141:19
24:9,11,
17:4,6,9,
told
12,14,15
142:1
13 113:8
12 19:23
146:15
20:1,23
ESQUIRE 800.211.DEPO (3376)
C , � EsquireSolutions.com
KELLY AVERY VOLUME I May 18, 2016
CITIZENS AWARENESS VS. TOWN of GULF STREAM Index: umpteen -word
23:6
24:10,17
27:7
30:4,6,24
34:11,25
35:2 37:4
40:6
43:14
64:18
66:24
74:4,6
80:6
82:16
84:17
85:12
93:8
100:10
101:22,24
105:20
120:7
122:24
130:8
147:20
149:13
150:21
152:5
158:16
177:20
180:11
181:14
183:24
187:10
umpteen
21:23
24:7
36:20
76:16
78:4
unable
47:25
uncertainty
82:9
underground
166:19
underground
ing
10:2,3
23:20
understand
7:15
14:22
15:11
34:17,19
39:4
40:24
51:12
53:23
83:6,7
110:6
130:15
147:14
152:11
180:7,9
understandi
ng
8:14 9:12
28:23
52:1 54:3
88:16
110:24
135:9
untimely
88:8,21,
25 89:6,
14,18
unwritten
41:15,24
update
26:25
updated
40:17
utility
14:5
15:25
17:24
23:20
0A
vague
90:7
166:6
variables
23:2
varies
20:5
36:6,10,
15
vary
15:21
verbally
177:15
verge
80:4
verify
128:10
versus
172:7
video
4:18 5:4,
5,9 6:8,
13 103:7
videos
4:18
videotape
6:20
view
68:20
visit
80:13
voice
9:5,18
173:14
volume
21:7,10
34:4,10,
16,20
188:13
W
wait
32:21
37:6
101:4
116:12
159:23
waiver
2 0: 18
149:4
walk
115:8
Wall
141:4
wand
156:8
wanted
44:20
45:10
50:3
80:18
84:19
103:15
warrant
181:4.6
wave
28:13,15
29:7
30:2,20,
22 32:5,7
47:1
waves
28:16
ways
135:18
180:10
website
59:13,18
85:11
160:25
week
186:7
weeks
186:7,8
187:22
What'd
57:17
whatsoever
78:18
Where'd
30:25
who've
111:22
William
37:21
119:16
130:19
wishes
129:21
witnesses
66:7,8
woman
38:16
women
38:18
wondering
184:13
word
13:9
20:21
30:25
31:10,17
74:23
76:23
133:10
147:14,15
170:15
180:20
C)ESQUIRE 800.211.DEPO (3376)
.. EsquireSolutions.com
KELLY AVERY VOLUME I
CITIZENS AWARENESS VS. TOWN of GULF STREAM
worded
83:23
wording
28:19
words
39:21
52:3
59:22
70:3
135:8
work
13:15
38:21
78:23
113:12
117:4
123:21
128:11,17
144:10
148:4
156:19
171:11,12
179:12
183:5
188:4
workday
30:13
worked
12:10,15
24:9,12,
13 93:23,
24 94:9
113:8
166:3,6
worker
38:6
47:15
116:13
workers
38:11
47:9
142:15
143:18
144:25
working
130:14
11:5,6
132:16
51:18
134:10
76:4 88:6
150:17
94:3
161:6
103:4
175:3,19
115:1
wrote
127:25
59:15
132:14
works
37:8,11,
15,18
51:16
72:12
139:16
180:10
worth
39:10,15
87:8
wrap
100:5
write
173:18
writing
4 0: 22
115:7
124:6
173:8
written
40:19
41:21,24
42:1
43:25
47:19
wrong
3 9: 22
56:23
64:1
88:20
101:20
112:6
124:14
128:5
129:8,23
Y
Y -a -d -i -r -a
38:24
Yadira
38:21,24
year
10:9 16:9
27:2,3
4 0: 15
42:12
87:12
years
21:21,23
23:2
39:23
76:17
100:9
years'
39:10
87:7
May 18, 2016
Index: worded -years'
ESQUIRE 800.211.DEPO (3376)
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