HomeMy Public PortalAboutAvery Transcript 5/18/16 - Pt. 2KELLY AVERY VOLUME II May 18, 2016
CITIZENS AWARENESS VS. TOWN of GULF STREAM 194
1 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
2 CASE NO.: 2014 -CA -006112 -AG
3 CITIZENS AWARENESS FOUNDATION, INC.,
4 Plaintiff,
5 vs.
6 THE TOWN OF GULF STREAM; BRANNON & GILLESPIE, LLC,
7 Defendants.
8
9
VOLUME II OF II
10
11
12 DEPOSITION OF KELLY AVERY
(VIDEOTAPED)
13
14
15 Wednesday, May 18, 2016
10:42 a.m. - 4:46 p.m.
16
17 2385 N.W. Executive Center Drive
Suite 360
18 Boca Raton, Florida 33431
19
20
21
22
23
Reported By:
24 Mary M. Karns, Shorthand Reporter
Notary Public, State of Florida
25 Boca Office Job #374075
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KELLY AVERY VOLUME II
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: RsweetappleOsweetapplelaw.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
ESQUIRE
May 18, 2016
195
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KELLY AVERY VOLUME II May 18, 2016
CITIZENS AWARENESS VS. TOWN of GULF STREAM 196
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KELLY AVERY VOLUME II
CITIZENS AWARENESS VS. TOWN of GULF STREAM
CROSS (KELLY AVERY)
May 18, 2016
197
BY MR. SWEETAPPLE:
Q. I have some cross examination.
A. Okay.
Q. Mrs. Avery, you started your testimony I believe
the earliest date you were involved -- employed by the
Town of Gulf Stream was in October of 2011?
A. Yes.
Q. Okay. And how small is the office -- the
clerk's office where you work?
A. Where I work we have four people. They have
one temporary.
Q. And how many offices are located in that space?
A. Four.
Q. And you were working I believe you said in
accounting at some point?
A. Yes.
Q. And Freida was working handling public records
requests?
A. Yes.
Q. And when did you -- did you -- at any point were
you asked to help out with public records requests?
A. The only time that I even assisted was when a
financial records request came in --
Q. Okay.
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KELLY AVERY VOLUME II May 18, 2016
CITIZENS AWARENESS VS. TOWN of GULF STREAM 198
A. -- and then I would give a report for that.
Q. Now, in 2011 were there any -- were there any
large numbers of requests that were coming in?
A. No. There was -- I mean I'm sure there was
some, but if there was any we didn't -- me and Freida
didn't do anything with them. Rita would take care of
them, so I don't even know how many we got.
Q. Any from Mr. O'Boyle or Mr. O'Hare?
A. Not that I'm aware of.
Q. Okay. And when's the first time you became
aware of any public records requests from Mr. Martin
O'Boyle?
A. That was in early 2013.
Q. Okay. And was that after he was denied
architectural approval?
A. Yes.
Q. Building approval?
A. Yes.
Q. Okay. And how soon after he was denied that
approval did public records requests start coming in
from him?
A. It wasn't too long. I don't know the
complete timeline. It wasn't more than a month I
don't believe.
Q. What was the first -- the first request you
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KELLY AVERY VOLUME II
CITIZENS AWARENESS VS. TOWN of GULF STREAM
1 1 recall?
May 18, 2016
199
2
A.
Requests I -- I don't remember because that
3
came in
when I wasn't doing them. I just remember
4
that that
was the day that the copy machine was
5
inundated
with them.
6
Q.
So no one in the office could use the scanner?
7
A.
Correct.
8
Q.
Or the copy machine?
9
A.
Correct.
10
Q.
Or the fax?
11
A.
Correct.
12
Q.
How many -- how many public records requests
13
came in
from Mr. O'Boyle on that day?
14
A.
On that day it was around 320.
15
Q.
Okay. And did these requests continue until his
16
case was
settled?
17
A.
Correct.
18
Q.
And he got his permit to do the construction he
19
wanted to
do?
20
A.
I belive so, yes.
21
Q.
And how many requests did he file in that
22
interim
before he got his request granted?
23
A.
The way I understand it, from what I was
24
told, it
was close to 500 after that.
25
Q.
And at that time were you aware of any of his
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KELLY AVERY VOLUME II
CITIZENS AWARENESS VS. TOWN of GULF STREAM
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prior conduct in the town of Longport, New Jersey?
A. Before that, no.
Q. Were you aware of his prior conduct with the
State Attorney for Palm Beach County?
A. I was not, no.
Q. And so did you have any involvement in having to
help out to serve his requests?
A. No.
Q. And were all of his requests met as capably as
the Town could meet them?
A. As best as we could.
Q. Was the Town equipped to meet them?
A. No.
Q. And how many additional people had to get
involved to meet those requests?
A. We all did. I mean as best we could.
Q. And did that keep you from doing your normal
work?
A. Me, myself, no, because I was not involved in
it, but, you know, Rita and Bill and Freida at the
time had to kinda push their work aside for a little
while to do that.
Q. So did Mr. -- did Mr. O'Boyle succeed in
monopolizing the Town's time with his public records
requests?
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KELLY AVERY VOLUME II May 18, 2016
CITIZENS AWARENESS VS. TOWN of GULF STREAM 201
A. Yes, he did.
Q. And after the case settled did you understand
whether or not Mr. O'Boyle was going to be filing any
more requests?
A. No.
Q. And when was the next time you noted anything
unusual in terms of the volume of public records
requests that came into the Town?
A. It was a few months later around late July,
August.
Q. And was that by Mr. O'Hare?
A. That was.
Q. And that -- was that immediately after Mr.
O'Hare had an application to reroof his house denied?
A. I don't know how immediate it was, but it was
I guess shortly thereafter.
Q. Have you ever seen or heard Mr. O'Hare testify
or state that he did this in order to emulate Mr.
O'Boyle?
A. I don't know that.
Q. And how many requests came in as -- were you --
strike that.
Were you working as the public records clerk at
the time that Mr. O'Hare started?
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1
Q.
Okay. And that was -- that was Freida?
2
A.
Um-hmm.
3
Q.
And -- and what was the date, I'm sorry, on Mr.
4
O'Hare's
beginning of his --
5
A.
I think it was somewhere around July or
6
August,
early August. I know the very first one when
7
they started
a log was August 27th of 2013.
8
Q.
And why was a log started?
9
A.
I think it just got overwhelming to keep
10
track.
11
Q.
That was August 2013?
12
A.
Yes.
13
Q.
Okay. And what -- do you recall him making
14
requests
of 60 on a -- on a day?
15
A.
Seems about right. I mean there was some
16
days it
was close to it maybe.
17
Q.
And had you ever -- other than Mr. O'Boyle had
18
you ever
seen anybody make those types of requests?
19
A.
No.
20
Q.
And were they always in Mr. O'Boyle's name or
21
did he submit
them in other names?
22
A.
The -- the first ones early on that he faxed
23
to us were
always in his name.
24
Q.
Okay. And then what happened?
25
A.
Then it started -- when he started back up
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KELLY AVERY VOLUME II May 18, 2016
CITIZENS AWARENESS VS. TOWN of GULF STREAM 203
1 they were other names. The ones that I had named off.
2 The CG Acquisitions and --
3 Q. You're talking about Mr. O'Boyle?
4 A. Yes. I'd say that, yes.
5 Q. Yeah. Mr. -- Mr. -- Mr. -- Mr. O'Boyle
6 started -- did Mr. O'Boyle start making requests at the
7 same time Mr. O'Hare did?
8 A. It was shortly thereafter.
9 Q. Okay. So that you started getting --
10 A. Again.
11 Q. -- voluminous requests back in from Mr. O'Boyle
12 and Mr. O'Hare?
13 A. Correct.
14 Q. In -- in the late summer or fall of 2003?
15 A. 2013.
16 Q. 2013, I'm sorry.
17 A. I believe so.
18 Q. Okay. And you --
19 A. I don't remember exactly when it was.
20 Q. And that's when you started keeping a log;
21 right?
22 A. In August, yes.
23 Q. So the log is the best evidence of the -- all of
24 the requests that you've received?
25 A. Yes.
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1 Q. Okay. And did Mr. O'Boyle and Mr. O'Hare ever
2 come in together?
3 A. Yes.
4 Q. How often did they come in together to make
5 requests?
6
A.
Not often together to make requests. They
7
have.
I remember one specific time they came in both
8
with cameras
and made separate requests. Not a
9
request
together.
10
Q.
At the same time?
11
A.
Yes.
12
Q.
And have they ever, to your knowledge, filed
13
joint suits
against the Town regarding open government
14
matters?
15
A.
Yes.
16
Q.
And Mr. Jonathan O'Boyle said on the record that
17
you hadn't
met before. Have you, in fact, met Jonathan
18
O'Boyle
before?
19
A.
Yes.
20
Q.
On how many occasions has Mr. Jonathan O'Boyle
21
come in
to make requests?
22
A.
A couple times.
23
Q.
Okay. And has he ever come in to ask for a copy
24
of the
code? The Town code?
25
A.
He did when -- before we had it on-line.
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1
Q.
All right.
And did you meet with him and show
2
him how
to access the
code?
3
A.
I did.
4
Q.
And has Mr.
Martin O'Boyle ever come in and
5
personally dictated
-- required that you write down his
6 1 dictation of public records requests?
7 A. Yes.
8 Q. And how many occasions has he done that?
9 A. Right offhand I -- I don't know how many.
10 It's been at least five or six.
11 Q. What -- how does he do that? Does he require
12 you to sit down and take notes for him?
13 A. No, I don't sit down. He just comes in and
14 sometimes he has them written down and he'll read it
15 to me and I'll write it down. Sometimes he just kinda
16 verbally just tells me and then I write it down and
17 then I try to do an intake. If it's not correct, then
18 he has me -- me correct it.
19 Q. So he -- he directs you what to do? Tells you
20 1 to correct it?
21 A. Yes.
22 Q. Did you ever find that intimidating or
23 frustrating?
24 A. Not intimidating. Frustrating, but not
25 intimidating.
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1
Q.
Okay.
And is there anyone else
that comes in
2
and does
that --
dictates public records
requests to
3 1 you?
4 A. No.
5 Q. And you would just sit -- stand there until he
6 was finished?
7 A. Um-hmm.
8 Q. And how long would he take doing that?
9 A. Not a long time.
10 Q. Did you ever have any problems where Mr. Martin
11 O'Boyle came in and grabbed you or touched you
12 inappropriately?
13 A. He's put his arm around me and he kissed me
14 on top of my head once.
15 Q. Okay. And did other women in the office
16 complain about the same type of conduct?
17 A. Yes.
18 Q. And was a letter written to Mr. Martin O'Boyle
19 about that conduct?
20 A. Yes.
21 Q. Did he ever ask for your home address in the
22 public records request?
23 A. Yes.
24 Q. And was that provided to him?
25 A. No.
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1
Q.
What did you do?
2
A.
My information is exempt due to an abuse.
3
Q.
So you exempted --
4
THE REPORTER: Due to what? I'm sorry.
5
THE WITNESS: An abuse issue.
6
THE REPORTER: Please repeat.
7
THE WITNESS: An abuse issue.
8
BY MR.
SWEETAPPLE:
9
Q.
So you exempted it -- giving it to him because
10
of an
abuse issue?
11
A.
Correct.
12
Q.
And Freida was there working. You saw her
13
daily;
did you not?
14
A.
Yes.
15
Q.
And she was the one handling the O'Hare and
16
O'Boyle
requests that are shown by the log?
17
A.
Correct.
18
Q.
Did she ever complain to you about Mr. O'Boyle's
19
conduct?
20
A.
She would say he was, you know, frustrating
21
at times, but not him in particular, but the issue,
22
what was
going on with --
23
Q.
The whole group that was filing?
24
A.
-- inundated, yes.
25
Q.
And did you see, in your mind, the same manner
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CITIZENS AWARENESS VS. TOWN of GULF STREAM 208
1 of action on behalf of Mr. O'Hare and Mr. O'Boyle?
2 A. Um-hmm.
3 Q. Yes?
4 A. Yes.
5 Q. And you saw them together?
6 A. Oh, yes.
7 Q. And you knew that Mr. Roeder was Mr. O'Hare's
8 lawyer; right?
9 A. Correct.
10 Q. Because he had been in there with Mr. O'Hare;
11 correct?
12 A. He's been in there with him, yes.
13 Q. Did you ever -- did you ever hear the word kill
14 shot used by anybody? A kill shot?
15 A. No.
16 Q. So you never heard Mr. Chandler write or discuss
17 kill shots as how you could file perfect public records
18 requests to get a lawsuit?
19 A. I've never heard that term.
20 Q. Okay. Did Freida tell you why she was leaving?
21 A. Stress from the job.
22 Q. And are you leaving the Town?
23 A. I am.
24 Q. And why are you leaving?
25 A. Stress from the job.
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1 Q. Okay. And is that stress from dealing with the
2 O'Boyles and O'Hare?
3 A. It is, yes. Yes. I love my job, but....
4 Q. You don't want to put up with their -- their --
5 their activities?
6 A. Not at all. That's not what I signed up for.
7 Q. So if you came in from a weekend thinking you
8 were caught up, would Mr. O'Hare spend his whole weekend
9 preparing voluminous requests and have them delivered to
10 you that morning?
11 A. Not necessarily that morning, but it would
12 be --
13
Q.
During the course of the day?
14
A.
-- I'd do the log in the morning, yeah.
15
Q.
And how many total requests --
have you ever
16
counted
up how many total requests were
filed by O'Hare
17
and O'Boyle?
18
A.
I haven't done that, no.
19
Q.
Do you know the total requests
that were filed
20
since you were --
21
A.
I have looked on my log.
22
Q.
How many on your log?
23
A.
As of when I left yesterday it
was probably
24
about 13
away from 2,200.
25
Q.
Okay. And what percentage of
the requests that
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1 are served on the Town are served by the O'Boyles and
2 Mr. O'Hare?
3 A. I would say 97 percent.
4 Q. And are you aware of that happening in any other
5 town in the State of Florida?
6 A. I mean I'm sure there are because I've heard
7 of different lawsuits that are going on.
8 Q. With the same type of conduct?
9 A. Correct.
10 Q. And this has become an issue in the legislature;
11 has it not?
12 A. Oh, yes.
13 Q. And throughout the State?
14 A. Um-hmm.
15 Q. And do you know if CAFI is a bona fide
16 not-for-profit corporation or rather just something that
17 Mr. O'Boyle had created to hide the fact that he was, in
18 fact, the one making demands for public records?
19 A. I don't know for a fact, but I know I have my
20 opinions of what I said before, which was what I read
21 in Chandler's deposition, his affidavit and the
22 articles I read.
23 Q. And do you know if his son's law firm has been
24 filing lawsuits throughout the State purporting that
25 Citizens Awareness Foundation, Inc., was actually a
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1 not-for-profit corporation when, in fact, it's just an
2 alter ego of Mr. O'Boyle for the purpose of looking like
3 it's a charitable enterprise in order to facilitate
4 obtaining attorney's fees? Have you ever looked into
5 that issue?
3
13
14
15
20
21
22
23
24
25
A. I've read that in articles that have been
written by several newspapers --
Q. And --
A. -- and in deposition.
Q. So you refer to Mr. O'Hare and Mr. O'Boyle
filing requests in waves?
A. Yeah.
Q. Like an attack?
A. I don't know if -- if it's necessarily an
attack. I would say -- I don't know. Sometimes I
feel it's an attack, but I don't know if I'd
necessarily say it's an attack because I -- I -- I
don't get the feeling that they're attacking me
personally. I don't think any of this is at me
personally. I hope not, but sometimes I take it like
that because I think they know that I'm the one doing
the records requests and I think that sometimes I feel
like that's what they're doing to me.
Q. When did you first learn about Mr. Martin
O'Boyle's conduct in Longport, New Jersey, with regard
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1 to making public records requests?
2 A. I didn't learn about it until probably after
3 I think our first lawsuit. It -- I don't think it
4 was -- I don't know definitely. I want to say it was
5 around the time of settlement, but I don't know if
6 that's for sure of when I learned of it.
7 Q. How did you learn of it?
8 A. Honestly, I want to say -- I don't recall who
9 brought it in there, but somebody brought an article
10 in that showed it. You know, they had -- it was
11 something they had pulled from the internet, but I
12 don't remember who.
13 Q. And --
14 A. It was 2013. I don't remember. It was an
15 article that had been pulled off of the internet.
16 Q. Do you recall reading whether or not the
17 Longport clerk went to the hospital because of stress?
18 A. I know there was mention of that. I don't
19 know much else about that, though.
20 Q. Is it stressful to have public records requests
21 filed by Mr. O'Boyle and Mr. O'Hare in the fashion that
22 it has been done in Gulf Stream?
23 A. It is mainly because -- and I'm sure Freida
24 felt the same way, mainly because I know I try to do
25 my best in getting them out and it feels like it's
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1 never enough. I feel like that they're attacking us
2 because we're not getting them out, that they've been
3 attacking us with the records requests. I say attack
4 and I don't mean as in viciously, but I mean
5 inundating us with the records requests and....
6 Q. And are you fearful that we're -- that you're
7 going to be sued -- the Town's going to be sued if you
8 don't respond --
9 A. Yes.
10 Q. -- properly or on time?
11 A. Yes.
12 Q. And how many times did Mr. O'Boyle and Mr.
13 O'Hare file suit against the Town, to your knowledge, on
14 public records and open government issues?
15 A. Over 40 -some -odd times.
16 Q. Is that stressful?
17 A. Very.
18 Q. Is that what you signed up for when you decided
19 to work in government?
20 A. No, not at all. I mean I know records
21 requests comes along with it and I have no problem
22 with doing records requests, like said before. Open
23 government, I believe it.
24 Q. And these complex requests, have you ever
25 1 concluded in your mind that they were written in a way
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1 to make it very difficult for you to find records to
2 comply?
3 A. I think at times, yes.
4 Q. And based on the volume of requests the Town got
5 from 2013 through -- to date, has it not only been
6 difficult -- has it been difficult to timely respond?
7 A. There's been times, yes.
8 Q. Has it been time -- has it been difficult to
9 thoroughly respond based on the volume of requests
10 you're trying to understand and deal with?
11 A. I think thoroughly respond within a
12 reasonable amount of time has been rough. I -- I feel
13 that in most aspects of our records responses that we
14 are very thorough. I'm not saying we're perfect, but
15 I think for the most part we try to be very thorough.
16 When you're limited on staff and time, it does make it
17 harder and then -- and, like I said, we're not
18 perfect, but I think that for the most part we do a
19 good job and we try to do our best.
20 Q. In addition to requests to Gulf Stream, has
21 Mr. O'Hare recently been making multiple requests to the
22 Jones and Foster law firm?
23 A. I believe, yes, my understanding.
24 Q. Okay. And -- and have you had to become
25 1 involved in those at all?
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1
A.
Some
of them I do, yes, when -- I know
2
they've
been
trying to steer a lot of them to us
3
because
it's
supposed to go through the Town clerk, so
4
I know a
lot
of them in that way have been coming to
5 1 us.
6
Q.
Do you know if he made hundreds of requests over
7
the holidays last year around Thanksgiving and
8
Christmas?
9
A.
I do know that he did.
10
Q.
That's how he spent his holidays. Making public
11
requests
to law firms?
12
A.
Um-hmm.
13
Q.
And now he started making numerous public
14
records requests after his hearing on his roof; correct?
15
A.
I wouldn't say 100. He's made --
16
Q.
No, extensive requests.
17
A.
He has made several, yes.
18
Q.
So what's the longest period you'd say that the
19
Town has
gone without Mr. O'Boyle or Mr. O'Hare or one
20
of their
employees or companies making a public records
21
request?
Ever go a day or two days?
22
A.
Oh, yes, yeah. I think I got excited one
23
time when we went almost two -and -a -half weeks. I was
24
like yes.
25
Q.
And people in the Town when they come into
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meetings, do they ever complain to you about Mr.
O'Boyle's conduct?
A. Um-hmm. I've had a lot of people voice that
they're upset with what's going on. How they're going
about things. Because I don't like to discuss the
legal matters and I'm not fully knowledgeable on
everything, I don't discuss it with them. I let them
say their peace, but I have had people tell me they're
disgusted.
Q. They're disgusted?
A. Um-hmm.
Q. How many people have come up and said they were
disgusted with Mr. O'Boyle -- Martin O'Boyle's conduct?
A. I'd say a good handful. Right offhand I
would say around four or five.
Q. And what about Mr. O'Hare?
A. Same thing. They kinda lump them together.
Sorry.
Q. People in the Town lump them together?
A. Yeah. They call them the O's.
Q. They call them what? The 0's?
THE REPORTER: The what?
THE WITNESS: The 0's.
BY MR. SWEETAPPLE:
Q. The 0's?
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1 A. Sorry. The 0's.
2 Q. I'm not going to do it now, but if you had a
3 copy of the log in front of you, would you be able to
4 identify which records requests you believe came from
5 Mr. O'Boyle or his employees or his entities?
6 A. Um-hmm.
7 Q. That's yes?
8 A. Yes. Sorry.
9 Q. And what about with Mr. O'Hare?
10 A. Yes.
11 Q. Would you be able to do that for the court?
12 A. Um-hmm.
13 Q. You really don't have any personal knowledge
14 regarding how CAFI's being run or who's running it; do
15 you?
16 A. No.
17 Q. You don't have any knowledge whether or not
18 they've complied with the law with regard to
19 not-for-profit corporations; do you?
20 1 A. No.
21 Q. So as I understand your testimony, when an
22 estimate comes in from a contractor, you don't negotiate
23 with that contractor; right?
24 A. No.
25 Q. Have you explained to them that -- that they're
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1 to give you their lowest estimate from --
2 A. Yes.
3 Q. -- their lowest employee who can do the work?
4 A. Um-hmm.
5 Q. And have you ever dealt with Mr. Brannon before
6 asking him for an estimate for records?
7 A. Yes, whenever -- because I was on the
6 financial end of it before, we try to keep track of
9 the expenses for the utility project and so since I
10 was writing the checks for that, he would want to keep
11 an updated list on what the expenses were so he could
12 keep track for his budget.
13 Q. And was 195 what he charged for other requests?
14 A. I'd have to look back. I don't know if
15 we've -- I don't know if we've -- right offhand if
16 we've done any requests regarding him since then where
17 we've had to use this rate. I would have to look. I
18 know -- I think there might have been one previous
19 other one that she had done, but I don't know.
20 Q. And you weren't involved with Exhibit 2; right?
21 A. No.
22 Q. And what about was there a supplement given?
23 A. There was.
24 Q. Okay.
25 A. In June.
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1
Q.
And you weren't involved with that either?
2
A.
That one I did do.
3
Q.
Oh, you did the supplement?
4
A.
That one that was when I had -- because I
5
had to
get over in May. I believe between March and
6
then --
around there we got served with a lawsuit, if
7
I'm correct. And then right after that was we went
8
ahead
and sent a supplemental because, like I said, I
9
don't
know what she was thinking when she did that. I
10
don't
know if it was read correctly and maybe that's
11
why the only reason she went towards just Brannon for
12
the quote, but we ended up giving another quote just
13
for the items that just the Town has.
14
Q.
Okay. And --
15
THE REPORTER: That just the Town what?
16
THE WITNESS: That just the Town has.
17
BY MR.
SWEETAPPLE:
18
Q.
And was that quote --
19
THE REPORTER: Had?
20
THE WITNESS: Has.
21
THE REPORTER: Thank you.
22
BY MR.
SWEETAPPLE:
23
Q.
Was that quote ever paid?
24
A.
No.
25
Q.
Did you get the impression that perhaps the
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1 requestor really didn't want these documents? They were
2 just looking to create a lawsuit?
3 A. There's times that I think that, yes.
4 Q. For instance, has Mr. O'Hare ever -- before you
5 gave estimates did you allow Mr. O'Hare to come in and
6 make requests and then bill him for the copies after you
7 made them?
8 A. I -- I believe in the beginning when Freida
9 had it is when all this occurred before. When Freida
10 was doing it, she would do the work and send him the
11 amount what it was. So she would produce the
12 documents, tell him how much it would be and then he'd
13 say he'd pick it up and it never was ever picked up.
14 Q. So he just --
15 A. That's the way I understand it.
16 Q. Okay. So, and that was what Freida told you?
17 A. That's what -- yes.
18 Q. And so how often did she tell you that Mr.
19 O'Hare would make the request for documents, you would
20 copy them, and then he wouldn't come and pick them up
21 and pay?
22 A. I don't know how many times she'd tell me
23 that. I just know that that was the situation.
24 Q. And was there a total that he owed at some
25 point?
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1 A. There was. I don't remember. I want to say
2 it was somewhere around 700 -some -odd dollars because
3 we were sending out a -- like a letter every time that
4 he sent a request in after that and remind him that he
5 had that to pay before any more were issued.
6 Q. Did he ever come in and pay it?
7 A. No.
8 Q. Okay. What did you do with all the records he
9 requested?
10
A. They usually go back --
11
Q. Okay. So --
12
A. -- because after 30 days
right after that was
13
around the time where I believe the
personnel -- or
14
not personnel, the public records
policy went into
15
effect and made it to where after
30 days of no
16
activity within a records request
we close the
17
account -- or close the request.
18
Q. And was there a time --
19
A. If he wanted that stuff
again, he could have
20
put another one in and we would have produced the
21
records with a deposit first and
then we would --
22
Q. So did the people in the
office conclude and
23
discuss that Mr. O'Hare was just
making requests to make
24
work for you and cause expense and then just left them
25
there?
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KELLY AVERY VOLUME II
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A.
There was
discussion about that,
yes.
Q.
And how'd
that make you feel as
a public
May 18, 2016
222
servant?
A. It was aggravating because it's like we do
have other stuff to do besides billing them for
nothing.
Q. Now, this training that you went to, that was at
FAU?
A. Um-hmm. It was a -- it wasn't at FAU. It
was sponsored by FAU. We usually had them here in
Boca.
Q. Was there any discussions at the training about
abuses of the public records laws by pockets of people
in the State of Florida?
A. Yes, they did advise on that.
Q. Did they discuss the O'Boyles at that seminar?
A. They did not say the O'Boyle's, no.
Chandler's name was brought up. He's pretty well
known.
Q. He's -- he's the one that originated the kill
shot, right, or you don't know?
A. I don't know who originated it. I don't
know. They showed videos of people doing -- going to
talk to other people and a lot of videos that he did
where he went and basically tried to show people --
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1 like they went -- in the class they went on his
2 website and showed videos of what not to do, you know,
3 or how people have reacted when he's gone and asked
4 for records, you know, and mistakes they've made and
5 things like that.
6 Q. So they showed Chandler's website?
7 A. Correct, yes.
8 Q. No discussion of the O'Boyles?
9 A. No, I can't --
10 Q. Or The O'Boyle Law Firm?
11 A. No, no. They mostly brought up Chandler.
12 They were aware of it, though.
13 Q. People at the --
14 A. Not people. The instructor. He saw we were
15 from Gulf Stream and he said, oh, I know about y'all.
16 Q. He said what?
17 A. I know about y'all and the issues you're
18 going through with -- I don't remember exact who he
19 said, but he did say Chandler and the crew, but I
20 don't -- I'm saying crew because I don't remember the
21 other name that he used, but he said Chandler and
22 somebody else and I know it wasn't O'Boyle, but it was
23 somebody else and we just kinda laughed and that was
24 it.
25 Q. Okay. I don't have any further questions at
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1 this time. I'm presuming Mr. O'Boyle has some redirect.
2 Five-minute break?
3 MR. O'BOYLE: Yeah.
4 MR. SWEETAPPLE: That's fine?
5 MR. O'BOYLE: Yeah.
6 (A break was taken.)
7 REDIRECT (KELLY AVERY)
8 BY MR. O'BOYLE:
9 Q. Okay. Now, you said that Gulf Stream is a small
10 town?
11
A.
Um-hmm.
12
Q.
Four -people staff?
13
A.
Um-hmm.
14
Q.
How many locations
are there for records?
15
A.
Well, I guess if you
were going to consider
16
what documents have a -- the
police department, then
17
two.
18
Q.
Okay.
19
A.
Well, three because
we have some out in the
20
back.
The big plans.
21
Q.
I'm -- I'm sorry.
I didn't hear you.
22
A.
The big plans. The
permits, you know, like
23
blueprints
and stuff like that
of buildings they
24
rebuilt
we have them stored
in the back right now in
25
our maintenance
building.
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1 Q. Okay.
2 A. So I guess if you want to be technical, it's
3 three.
4 Q. So -- so Gulf Stream's not a big city like --
5 like New York City where there's multiple --
6 A. No, no.
7 Q. -- buildings, multiple departments. Finding a
8 record is somebody is always within earshot who knows
9 where the record is?
10 A. For the most part.
11 Q. Okay.
12 A. I mean an area.
13 Q. So -- so sometimes being small has its
14 1 advantages?
15
A.
Some,
yeah.
16
Q.
Okay.
Let's
see. You -- now, you -- you made
17
an insinuation
that
there's public records and then
18
there's
normal
work?
19
A.
Um-hmm.
20
Q.
Okay.
Is --
are public records not part of --
21
A.
They are part
of normal work. It's the
22
excess
is what
I was
referring to. The excess of
23
public
records
-- I
mean every town's going to have
24
public
records.
Most,
you know -- and depending on
25 1 the size of the city I'm sure it's different.
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KELLY AVERY VOLUME II
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I've worked in a little larger town, Lake
Park, and based on -- like I said, maybe around ten or
20 in the time that I was there, so to me that's
normal. 2,200 is, to me, excessive. So when you get
that many compared to, you know, ten or 20, it does
cause you not to be able to do your other regular
work, you know, that has to be done in the course of a
Town employee.
Q. Okay. So, but I just want to be clear that
public records is part of --
A. Yes.
Q. -- that's part of the -- if you're a town,
that's -
-
A. Yes.
Q. -- that's part of it?
A. Yes.
Q. Okay. And you mentioned something about
Longport, New Jersey. What do you know about Longport,
New Jersey?
A. Hardly anything. I know what I've read in
the article and that's pretty much it.
Q. Yeah, you -- you mentioned an article.
A. Um-hmm.
Q. Is there a reason you didn't tell me about that
earlier?
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KELLY AVERY VOLUME II May 18, 2016
CITIZENS AWARENESS VS. TOWN of GULF STREAM 227
A. Because I didn't think it went with any of
the answers (sic) that you had asked me. I don't know
what it would have gone with. I know you -- it was
regarding O'Boyle itself, not Citizens Awareness and
that's what I was referring to was -- was discussed
about, Citizens Awareness. If it said Citizens
Awareness, I don't remember it in that article. I
just remember it saying O'Boyle and that's the only
reason.
Q. Okay. So -- so when I asked for what documents
are out there to support --
A. No, I said articles.
Q. Okay. You said -- but you did not say Longport
articles; did you?
A. No, I didn't. I didn't specify --
Q. Okay. What other --
A. -- what articles.
Q. What is the whole list of articles then?
A. What I -- I mean I don't -- there's -- I see
articles all, you know, across the board on anything,
you know. We get all kinds and the newspapers got
them all over the place.
Q. Sure, and --
A. But I'm just saying I remember seeing an
article regarding O'Boyle and Longport. It didn't
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1 have anything to do with this case, --
2 Q. Okay.
3 A. -- so that's why I did not bring it up. You
4 asked for what would be regarding this case and that's
5 what I told you.
6 Q. Okay. Is -- for any of my questions I -- I did
7 not want to give the impression that it had to be
8 strictly about this case. Would -- do you -- are you --
9 I'm sorry. Let me back up. Do you need to amend any of
10 your answers to any of --
11 A. No.
12 Q. -- the questions I've asked?
13 A. No. If it was not regarding this specific
14 case, then I would say all -- several articles. I
15 mean I can't say each one is specific. I mean I don't
16 remember if the Longport one said anything about
17 Citizens Awareness.
18 I was referring to when you asked me what
19 documents would have gone in my thinking -- or
20 thinking on this, I said articles and when I was
21 referring to that I was referring to the Chandler
22 articles. I was not referring to the Longport one
23 because I don't remember it saying anything about
24 Citizens Awareness, so I was not referring to that.
25 Q. Okay.
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1
A.
If it did then I apologize for leaving that
2
one out.
3
Q.
Okay. And, no, now's the time to fix it.
4
A.
I don't think I have to fix it because I
5
don't remember
it saying it in it. If it does, then
6
by all means
I guess fix it.
7
Q.
Okay. Let -- let me ask generally.
8
A.
I don't remember it being in there. I
9
quickly
glanced at it, I read it and moved on with my
10
day.
11
Q.
So -- so Mr. Sweetapple just asked you several
12
questions.
13
A.
Um-hmm.
14
Q.
You gave answers.
15
A.
Um-hmm.
16
Q.
What did any of those questions or answers have
17
to do with
this case?
18
MR. SWEETAPPLE: Object to the form. Legal
19
conclusion.
20
THE WITNESS: I don't know. I just answered
21
the
questions that were asked of me if I could.
22
BY MR. O'BOYLE:
23
Q.
Okay. Did -- did you rehearse those questions?
24
A.
We had talked that he was going to cross
25
examine
me.
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1
Q.
Okay. And those questions specifically?
2
A.
No, he didn't go into what questions
3
specifically.
4
Q.
Okay.
5
A.
I'm just answering honestly. If you had
6
asked
me similar questions like that, I would have
7
answered
--
8
Q.
Okay.
9
A.
-- similar answers.
10
Q.
So you -- you spoke of maybe feeling frustrated
11
and I
don't want to say attacked because I don't -- I
12
think
you said not attacked by the records requests?
13
A.
Yes.
14
Q.
Okay. I just want to make sure we're clear.
15
A.
No, I don't feel attacked. I just feel like
16
it was
a -- to get us -- I feel like it was like
17
trying
to drive us nuts. I felt, you know -- I was
18
frustrated
because of it.
19
Q.
Is -- is there -- is there a chance that maybe
20
the people
on the list, Mr. O'Boyle, Chris O'Hare,
21
might
-- might be frustrated themselves?
22
A.
It's possible.
23
MR. SWEETAPPLE: Form.
24
BY MR.
O'BOYLE:
25
Q.
Okay. Have you ever sat in on some of the Town
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231
2 A. Some.
3 Q. Okay.
4 A. Not a lot. I try to get my other stuff done.
5 Q. No -- no problem.
6 A. The clerk is there for that.
7 Q. Did -- have you -- have you ever seen Mr.
8 O'Boyle or Mr. O'Hare try to ask a question during
9 public comment?
10 A. I have seen that, yes.
11 Q. Have you ever seen Mayor Morgan say we're not
12 answering any questions that you want to give us?
13 A. I have.
14 Q. Okay. Do you think that could cause some
15 frustration?
16 A. I do, but at the same time I understand it
17 because it is custom or -- it's comment time, not
18 question time, so I understand that. In other towns
19 I've been to, they didn't allow questions either, so I
20 understand the other side of it. I see both sides. I
21 understand you want answers to your questions. I
22 understand. I have no problem with that, but at that
23 time it is common, you know, and I've never seen any
24 other town answer during comment time, --
25 Q. Sure. If --
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1
A. -- so I see both sides.
2
Q. Right. Yeah, no. So -- so -- so let me
-- let
3
me put it this way. If I wanted a question asked
about
4
the Town or Mr. O'Boyle or O'Hare or anybody, how
do
5
they ensure that they get answers?
6
A. Because I'm not on that end of it, --
7
Q. Right.
8
A. -- my advice -- I don't know if it's -- I
9
don't know. My advice is to go talk to them
10
afterwards or make an appointment and come in and
talk
11
to Rita or Bill. I don't know. I mean that's --
12
those would be my things. I don't know if those have
13
been tried. I don't see that end of it. I don't
hear
14
that end of it if it has. I apologize if I haven't,
15
but that would be my advice.
16
Q. And -- and if Mr. Thrasher may have told
to
17
Mr. O'Boyle at one point that he needs bodyguards
in the
18
Town Hall, --
19
A. I'm not aware of that.
20
Q. -- how is he supposed to get information
if he
21
need bodyguards?
22
A. I'm not aware of that, so I -- I can't
23
comment on that one.
24
Q. Is -- is -- are public records requests a
viable
25 1 way to get information when nobody else is talking to
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CITIZENS AWARENESS VS. TOWN of GULF STREAM 233
1 J you?
2
A.
Public records requests are a great way to
3
get documents if you're trying to get information from
4
them, yes. I understand that.
5
Q.
Much more efficient to have a question answered?
6
A.
It is. More -- less work for me.
7
Q.
Right. I'm -- I'm assuming when you have a --
8
when you
need to know some information, you ask a
9
question
and it gets answered. You don't have to make
10
public records requests and --
11
A.
No.
12
Q.
-- fiddle around with language or any of that?
13
A.
No.
14
Q.
Okay. Let's see here. Now -- now, you said
15
sometimes
that you -- you feel like records requests
16
were just
being made just for the sake of being made?
17
A.
Sometimes I feel that way.
18
Q.
Okay.
19
A.
Especially when, you know, you -- you make --
20
you get
all these requests. You either fill them or
21
you give
a quote and then they never get responded to,
22
you know.
They just sit there because I -- I go
23
through
and I -- every month I try, try, to go
24
through
--
25
Q.
Right.
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1 A. -- and see which ones haven't been responded
2 to within the 30 days and then I close them out and it
3 kinda upsets me -- not that I want to do the extra
4 work, but it kinda upsets me that I've gone through
5 and I've made the effort to get the quote and then
6 they go unanswered, you know, and it's like I tried,
7 you know, but like why do we do the work.
8 Q. Sure. Have you -- if you ever -- let me ask
9 this. Have you ever gotten a request where you
10 suspected that might happen and you respond to the
11 requestor and say when are you coming in to pick this
12 up?
13
A. No, no.
One, because I never -- I never ask
14
when you going to
come pick this up because I figure
15
if you want this,
one, it's going to be on-line if --
16
if I can do it.
17
Q. That's a
good point.
18
A. Two, if you
want it you're going to pay for
19
the deposit. I'm
talking about yours because I've
20
been holding on to
your flash drive.
21
Q. And I apologize.
I've been in New Jersey.
22
A. I figured
you're paying for it, so -- but
23
anyways, you know,
not since I -- we changed the
24
policy and made it
to where the deposits are first
25
I -- I don't -- I
mean there's times, like I said,
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1 when I go through and nothing's been paid, I wonder
2 why did they even put it through if they're not going
3 to do anything with it.
4 Q. Do -- do you fulfill the request before you
5 submit the estimate?
6 A. No.
7 Q. Okay. So you make -- you roughly make an
8 estimate?
9 A. No, that's what I said; remember? When they
10 come in if I know I for sure know exactly what it is
11 and I can easily access it, I submit and give you the
12 response immediately with the responsive records. If
13 it's something else, then I give it to whoever it goes
14 to.
15 If they can't give it to me real quick, then
16 they give me the quote and they're the ones that tell
17 me how long it's going to take and then I come up with
18 the estimate now based on the hourly time or however
19 long they say it's going to take. I multiply that by
20 the rate and that's the deposit amount. That's what I
21 send out. So it's not me saying, you know, give me
22 this amount of money first, you know.
23 Q. Sure, sure.
24 A. They tell me what they think it is, so I've
25 gone through and I've asked. They look a little bit
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1 to see if it's something they can get within an amount
2 of time. If it's not then they, you know, give me an
3 estimate, you know, of how long they think it's going
4 to take.
5 Q. Okay.
6 A. So it's not like I've -- I've gotten anything
7 or -- and then hold on to it until you pay me. We
8 won't even go that far until I know it's something
9 you're actually wanting. You know, if you're wanting
10 to spend the money and have us do the -- you know, the
11 work, sometimes it's very intensive.
12 Q. Sure.
13 A. You know, but, no, I -- I -- you know, I
14 don't just say give me the money and we'll get it, you
15 know.
16
Q.
Right. Okay. So
it's just a quick estimate and
17
then --
18
A.
Yeah. From them,
yes.
19
Q.
And -- and -- and
it upsets you when you make --
20
when --
when that estimate's
put out there and then --
21
A.
It doesn't upset me. It just kinda makes me
22
wonder.
It's like why did
you even put it in if
23
you're
not going to get it,
you know.
24
Q.
Right.
25
A.
It's like why did
I go through the time of
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1 contacting them and them not get it, but, you know, it
2 is what it is.
3 Q. And -- and could it be that maybe sometimes
4 people redo the request to make it a little bit
5 narrower?
6 A. Sometimes they do. I've had that happen
7 often.
8 Q. Okay. Okay. And going to this request here,
9 this is a request regarding underground electric; right?
10 A. Yes.
11 Q. Okay. Is -- is -- isn't that a matter of public
12 concern?
13
A. Oh, yeah.
14
Q. Is -- has there
not recently been a budget
15
increase because of that?
16
A. Um-hmm.
17
Q. Okay. When you
mentioned Longport and the State
18
Attorney, what does that
have to do with this case?
19
MR. SWEETAPPLE:
Object to the form.
20
THE WITNESS: I
didn't say anything about
21
the State Attorney.
I just said I remember
22
seeing that this had
been done in Longport and I
23
knew that the clerk there
had health problems.
24
That's all I said. I
didn't say anything about
25
the State Attorney.
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KELLY AVERY VOLUME II May 18, 2016
CITIZENS AWARENESS VS. TOWN of GULF STREAM 238
BY MR. O'BOYLE:
Q. Okay. So -- so you spoke to Monica?
A. No, I didn't speak to anybody.
Q. Oh.
A. In the article it said that.
Q. Oh, okay.
A. I didn't talk to anybody. I don't know
anybody in Longport.
Q. Okay.
A. I have no clue where it even is except in New
Jersey.
Q. Fair enough. Fair enough. So you said before
that Mr. O'Hare spent his holidays concocting requests
to Jones Foster. How do you know that?
A. Just from what they tell me.
Q. Who's they?
A. The attorneys had told me that they had
gotten receipts -- or requests.
Q. Okay. So -- okay. That's -- and this is an
attorney that's involved in litigation as an advocate?
They have a partic -- they're not neutral?
A. Who's not neutral?
Q. The attorney that you spoke to.
A. Yeah, it was referred to me by a couple of
the -- the attorneys there had told me that they had
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KELLY AVERY VOLUME II May 18, 2016
CITIZENS AWARENESS VS. TOWN of GULF STREAM 239
received requests.
Q. Okay. So, and let me -- let me back up. The
public records log, you -- you had said before that part
of it was your idea, but part of it was --
A. Not the log. The log wasn't my idea. That
was done before I was even involved.
Q. Oh, okay.
A. It was the putting them on-line.
Q. Okay. So tho -- so tho -- that was part of the
ideas of -- of attorneys created for --
A. I asked them if it was legal to do that.
Q. Oh, okay.
A. We discussed it amongst staff, at least me
and Rita, and I had asked if that was legal.
Q. Right. So you also mentioned the people coming
and saying they're disgusted. What's going on with the
O's?
A. Um-hmm.
Q. What -- can you tell me more about -- this is
the first I've ever heard of that.
A. People, you know, they say they're just
upset. You know, they'll come in and do whatever City
(sic) business they've got to do and they'll come in
and talk to us and, you know, they'll say how's it
going with the O's and it's going.
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KELLY AVERY VOLUME II
CITIZENS AWARENESS VS. TOWN of GULF STREAM
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Q. So -- so -- so -- so what -- what is -- well,
let me ask who says this?
A. Residents. Town residents.
Q. Would you be able to identify any of them?
A. No. No, I can't remember right offhand. I
mean I can say there have been, but to remember who
right offhand I don't.
Q. Okay. So -- so you couldn't identify them?
A. No, I don't remember them.
Q. Okay. And -- but -- but you do remember
specific words?
A. No, I don't remember. Let me just -- as a
gist of words, they ask what's the situation? How are
things going? If anything new arose. You know,
they're always asking -- they're like I can't believe
that stuff, you know, what they're doing and, you
know, they just express whatever they want to express
and I just --
Q. Okay.
A. -- zip it.
Q. So what -- what has the Town done to be -- to be
proactive about this frustration that you -- you keep
talking about the inundation frustration and I just want
to know what steps were proactive were taken?
A. We're trying to get as much on-line as
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1 possible is the only thing I can think of. Trying to
2 make things available, you know. Basically it's just
3 me and the other girl doing it, so I mean Rebecca
4 helps with the accounts payable, so she does that
5 portion, but all the other records we're trying to get
6 on as fast as we can, you know.
7 Q. Okay.
8 A. Just trying to make things so people don't
9 have to go through and do records requests. They can
10 find that stuff all on-line --
11 Q. Okay.
12 A. -- is what we're trying to do.
13 Q. So has anybody ever said that -- anybody
14 referred to in three -- affirmative defense three from
15 Exhibit 3, the list that we've been constantly talking
16 about, --
17 A. Yes.
18 Q. -- that -- that -- that they should be punished
19 or prevented from making records requests?
20 A. Nobody said that to me, not that I'm aware
21 1 of.
22 Q. Okay.
23 A. Not punished or prevented, no. People have
24 said that they can't believe that they're doing that
25 to us. I've heard that, but I don't think I've ever
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KELLY AVERY VOLUME II
CITIZENS AWARENESS VS. TOWN of GULF STREAM
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heard anybody say they should be punished or prevented
from doing that because I -- I think -- I think for
the most part people believe that, you know, the
records requests are perfectly fine. I -- I just
think that the inundation and -- and the lawsuits are
what people are upset about.
Q. Right.
A. I don't think that anybody's upset about
records requests because they do them, too. You know,
everybody does records requests. I have no problem
with the records requests. I just think that more
people are just upset because of inundation that the
Town has gotten and the lawsuits. I think that's what
most people are -- but that's -- that's my --
Q. Right, right.
A. -- opinion, you know. I -- I can't speak for
everybody else.
Q. Sure, sure. And I -- I just want to clear one
thing up. Have we ever spoken before?
A. Um-hmm.
Q. Okay. My apologies.
A. I was like I can't believe you didn't
remember me. I said I talked to him. I showed you
how to find the -- the code on your phone. When we
first got it put on the website, Rita was trying to
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KELLY AVERY VOLUME II May 18, 2016
CITIZENS AWARENESS VS. TOWN of GULF STREAM 243
figure out how to get it on CD and I'm like, no, no,
no. We got it on-line and you had your phone there
and I was showing you how to get to it.
Q. I am thoroughly embarrassed. I apologize.
A. That's okay.
MR. SWEETAPPLE: Normally you get to my age
and you get like that.
BY MR. O'BOYLE:
Q. Right. Now, you don't have to tell me where,
but are you -- are you -- are you moving out of state
anytime soon?
A. No, I'm not.
Q. Okay. And -- okay. And you had said that
Brannon & Gillespie, do -- do they charge -- or let
me -- I don't want to put words in your mouth. They
have had prior records requests?
A. I believe so because I think in one of the
emails that we got the quote from, it said to use
the previous request I have -- or previous quote for
the -- use the same quote that I used for the previous
request, so I'm assuming -- and I -- we'd have to look
back and see which one it was for, but I assume that
there was another one that we had used it on.
Q. Okay. And -- okay. So is that -- is that what
they normally -- is that what Brannon & Gillespie
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KELLY AVERY VOLUME II
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normally -- do you know -- I'm sorry.
A. I don't.
Q. Let me back up. Do you know what they -- what
they charge the Town?
A. I -- I would have to look. I don't know.
Q. Is -- is 195 the maximum?
A. I don't know.
Q. Okay.
A. I don't know. I would have to look at the
bills that they send us. I'd need to look because I
really don't know. I don't do accounts payable
anymore, so I don't -- I can't think of what I pay
them. What they charge us. I don't know if -- and I
haven't had to do requests where I've had to ask them
for a current rate, so I don't know if that's changed.
I -- I don't know.
Q. Okay. And you might know. You might not know.
I suspect that you do, but Danny Brannon, he's the
highest paid employee?
A. I don't know how many employees there are, to
tell you the truth. I assume he's one of the highest
being that his name is in the firm's name, I'm
assuming, but I -- I could not tell you that for a
fact.
Q. Okay. Now, when you -- when you expressed
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CITIZENS AWARENESS VS. TOWN of GULF STREAM
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1 frustration before, let me ask was this an instance of
2 frustration -- were you frustrated when Mr. O'Hare
3 helped removed all the Social Security numbers of the
4 police off -- force?
5 A. No. I was grateful for that.
6 Q. Okay. Was that abusive?
7 A. No.
8 Q. Okay.
9 A. I was frustrated at myself for letting it
10 slip.
11
Q. Right.
12
A. But, no, I
was very grateful.
13
Q. Okay. And
lastly, you mentioned some -- some
14
form of harassment.
What -- what -- what happened
15
you -- when you talked with Mr. Sweetapple about Mr. --
16
Mr. Martin O'Boyle?
17
A. I was just
referring to the fact that he
18
would come in there
and put his arm around us and the
19
kiss and -- and all
that and it just made us feel
20
uncomfortable.
21
Q. Okay.
22
A. So just very professional (sic), but that's
23 why we said something, you know. Well, we had been
24 it had been mentioned and then we had been asked to
25 write something on it.
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1 Q. Okay. You -- you'd been asked to?
2 A. Yes.
3 Q. Who asked you to?
4 A. Mr. Thrasher.
5 Q. Okay.
6 A. He just asked us to put it down in writing.
7 I said --
8 Q. Okay.
9 A. -- fine.
10 Q. All right. Well, when is -- when is your last
11 day?
12 A. Don't know yet.
13 Q. Okay.
14 A. I'm still waiting for an official offer, but
15 I have told --
16 1 THE REPORTER: Official what?
17 1 BY MR. O'BOYLE:
18 Q. Yeah. Sorry.
19 A. I'm sorry. An official offer from a couple
20 of places that I've applied to.
21 Q. Okay. All right. Well, thank you very much and
22 good luck with that.
23 A. Thank you.
24 MR. SWEETAPPLE: Thank you. She'll read
25 and, if you don't mind, you're going to safeguard
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KELLY AVERY VOLUME II
CITIZENS AWARENESS VS. TOWN of GULF STREAM
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the video and I would like a copy; all right?
MR. O'BOYLE: Okay. And read meaning do the
errata sheet and --
MR. SWEETAPPLE: Yeah, she'll read and --
right.
MR. O'BOYLE: Okay.
THE WITNESS: What does that mean?
MR. SWEETAPPLE: That means -- that means
that you have an opportunity to read your
testimony to make sure --
THE WITNESS: Oh, okay.
MR. SWEETAPPLE: -- it's correct. There's
no --
THE WITNESS: Okay.
MR. O'BOYLE: And I apologize. You were
speaking a little bit low.
THE WITNESS: I'm so sorry. I just --
MR. SWEETAPPLE: She might not have gotten
everything perfectly.
THE REPORTER: Did you need this
transcribed?
MR. O'BOYLE: I think so, yeah.
THE REPORTER: You think so or you need it
transcribed?
MR. SWEETAPPLE: I'll take a copy.
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KELLY AVERY VOLUME II May 18, 2016
CITIZENS AWARENESS VS. TOWN of GULF STREAM 248
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KELLY AVERY VOLUME II
CITIZENS AWARENESS VS. TOWN of GULF STREAM
CERTIFICATE OF OATH
THE STATE OF FLORIDA
COUNTY OF PALM BEACH
May 18, 2016
249
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. YARNS, Shorthand Reporter
Notary Public - State of Florida
My Commission No: FF 970208
My Commission Expires April 23, 2020
Job #374075
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CITIZENS AWARENESS VS. TOWN of GULF STREAM 250
1 C E R T I F I C A T E
2 THE STATE OF FLORIDA
3 1 COUNTY OF PALM BEACH
4
5 I, MARY M. KARNS, Shorthand Reporter and Notary
Public in and for the State of Florida at Large, do hereby
6 certify that I was authorized to and did report said
deposition in stenotype; and that the foregoing pages are
7 a true and correct transcription of my shorthand notes of
said deposition.
8
I further certify that said deposition was taken
9 at the time and place hereinabove set forth and that the
taking of said deposition was commenced and completed as
10 hereinabove set out.
11 I further certify that I am not an attorney or
counsel of any of the parties, nor am I a relative or
12 employee of any attorney or counsel of party connected with
the action, nor am I financially interested in the action.
13
The foregoing certification of this transcript
14 does not apply to any reproduction of the same by any means
unless under the direct control and/or direction of the
15 certifying reporter.
16 Dated this 6th day of June 2016.
17 �,� ` ` l � � �J� J�1► A �a► 1�
is
MARY M. KARNS, Shorthand Reporter
19 Notary Public - State of Florida
My Commission No: FF 970208
20 My Commission Expires April 23, 2020
21 1 Job #374075
22
23
24
25
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KELLY AVERY VOLUME II
CITIZENS AWARENESS VS. TOWN of GULF STREAM
DEPOSITION ERRATA SHEET
May 18, 2016
251
ASSIGNMENT NO: 374075
CITIZENS AWARENESS FOUNDATION, INC., vs. THE TOWN OF GULF
STREAM; BRANNON & GILLESPIE, LLC
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
ESQUIRE
2016.
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KELLY AVERY VOLUME II
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KELLY AVERY VOLUME II
221:17
May 18, 2016
CITIZENS AWARENESS VS.
TOWN of GULF
STREAM
Index: 100..assuming
234:2
access
age
applied
1 248:5
205:2
243:6
246:20
320
235:11
aggravating appointment
100 199:14
account
222:4
232:10
215:15
221:17
ahead
approval
13
4
accounting
219:8
198:15,
209:24
197:16
alter
17,20
195
40 -some -odd
accounts
211:2
architectur
218:13
213:15
241:4
al
amend
244:6
244:11
198:15
228.9
5
Acquisition
area
amount
2
s
214:12
225:12
500
203:2
220:11
arm
2
199:24
action
235:20,22
206:13
218:20
208:1
236:1
245:18
2,200
6
activities
answering
arose
209:24
209:5
230:5
240:14
226:4
60
activity
231:12
article
20
202:14
221:16
answers
212:9,15
226:3,5
addition
227:2
226:21,22
20
7
214:20
228:10
227:7,25
229:14,16
238:5
20
203:14
additional
230:9
articles
2011
700 -soma-
200:14
231:21
197:7
odd
232:5
210:22
address
211:6
198:2
221:2
206:21
anybody's
227:12,
2013
advantages
242:8
14,17,18,
198:13
9
225:14
anymore
20
202:7,11
228:14,
203:15,16
advice
244:12
20,22
212:14
97
232:8,9,
anytime
214:5
210:3
15
243:11
aspects
214:13
27th
advise
apologies
202:7
A
222:15
242:21
assisted
197:23
advocate
apologize
3
abuse
238:20
229:1
assume
207:2,5,
243:22
7,10
affidavit
232:14
244:21
g
210:21
234:21
abuses
243:4
assuming
241:15
222:13
affirmative
247:15
233:7
30
241:14
243:21
221:12,15
abusive
248:1
application
244:23
245:6
201:14
ESQUIRE 800.211.DEPO (3376)
S 0 L U. 1 0 N, EsquireSolutions.com
KELLY AVERY VOLUME II
CITIZENS AWARENESS VS. TOWN of GULF STREAM
attack bit
211:13, B 235:25
15,16,17 237:4
213.3 247.16
C
May 18, 2016
Index: attack -close
- changed
234:23
- 244:15
charge
243:14
244:4,13
charged
218:13
charitable
211:3
checks
218:10
Chris
230:20
Christmas
215:8
Citizens
210:25
227:4,6
228:17,24
city
225:4,5,
25 239:22
class
223:1
clear
226:9
230:14
242:18
clerk
201:23
212:17
215:3
231:6
237:23
clerk's
197:10
close
199:24
202:16
221:16,17
ESQUIRE EsquireSolut PO (3376)
back
223:11
CAFI
attacked
202:25
blueprints
210:15
230:11,
203:11
224:23
CG
199:25
199:20
218:12
CAFI'S
12,15
218:14
board
217:14
attacking
221:10
227:20
230:19
223:12
224:20,24
198:17
call
211:18
Chandler
228:9
Boca
216:20,21
213:1,3
208:16
239:2
222:11
248:3
attorney
243:22
bodyguards
cameras
200:4
244:3
232:17,21
204:8
237:18,
248:2
21,25
billing
bona
capably
238:20,23
based
210:15
200:9
214:4,9
222:18
attorney's
226:2
Brannon
care
211:4
235:18
218:5
198:6
219:11
attorneys
basically
243:14,25
case
238:17,25
222:25
244:18
199:16
239:10
241:2
201:2
break
228:1,4,
August
Beach
224:2,6
8,14
201:10
200:4
229:17
202:6,7,
bring
11 203:22
beginning
228:3
237:18
202`4
caught
Avery
220:8
brought
209:8
197:1,5
212:9
224:7
behalf
222:18
CD
May 18, 2016
Index: attack -close
- changed
234:23
- 244:15
charge
243:14
244:4,13
charged
218:13
charitable
211:3
checks
218:10
Chris
230:20
Christmas
215:8
Citizens
210:25
227:4,6
228:17,24
city
225:4,5,
25 239:22
class
223:1
clear
226:9
230:14
242:18
clerk
201:23
212:17
215:3
231:6
237:23
clerk's
197:10
close
199:24
202:16
221:16,17
ESQUIRE EsquireSolut PO (3376)
208:1
223:11
243:1
aware
198:9,11
belive
budget
CG
199:25
199:20
218:12
203:2
200:3
big
237:14
chance
210:4
224:20,22
building
230:19
223:12
225:4
198:17
232:19,22
Chandler
bill
224:25
241:20
208:16
200:20
buildings
223:11,
Awareness
220:6
224:23
19,21
210:25
232:11
225:7
228:21
227:4,6,7
228:17,24
billing
business
Chandler's
222:5
239:23
210:21
bills
222:18
244:10
223:6
May 18, 2016
Index: attack -close
- changed
234:23
- 244:15
charge
243:14
244:4,13
charged
218:13
charitable
211:3
checks
218:10
Chris
230:20
Christmas
215:8
Citizens
210:25
227:4,6
228:17,24
city
225:4,5,
25 239:22
class
223:1
clear
226:9
230:14
242:18
clerk
201:23
212:17
215:3
231:6
237:23
clerk's
197:10
close
199:24
202:16
221:16,17
ESQUIRE EsquireSolut PO (3376)
KELLY AVERY VOLUME II
CITIZENS AWARENESS VS. TOWN of GULF STREAM
May 18, 2016
Index: clue -dollars
234:2
conduct
215:14
214:5
deposition
clue
200:1,3
219:7
day
210:21
206:16,19
223:7
211:9
238:10
199:4,13,
207:19
247:12
248:9
code
210:8
14 202:14
correctly
209:13
deposits
204:24
211:25
205:2
216:2,13
219:10
215:21
234:24
242:24
counted
229:10
dictated
constantly
246:11
209:16
205:5
comment
241:15
days
231:9,17,
County
dictates
constructio
202:16
24 232:23
200.4
206:2
n
215:21
common
199:18
couple
221:12,15
dictation
231:23
204:22
234:2
205:6
contacting
companies
237:1
238:24
deal
difficult
215:20
246:19
214:10
214:1,6,8
continue
compared cos
P
199:15
court
dealing
directs
226:5
217:11
209:1
205:19
contractor
complain
P
217:22,23
create
dealt
discuss
206:16
220'2
218:5
208:16
207:18
copies
created
216:5,7
220'6
decided
216:1
210:17
221:23
complete
copy
239:10
213:18
222:16
199:4,8
defense
198:23
crew
discussed
204:23
241:14
complex
217:3
223:19,20
227:5
delivered
239:13
213:24
220:20
cross
complied
247:1,25
197:1,3
209'9
discussion
217:18
248:7
229:24
demands
222:1
210:18
223:8
comply
corporation
current
210:16
244:15
denied
discussions
214:2
211:1
custom
198:14,19
222:12
concern
corporation
231:17
201:14
disgusted
237:12
s
department
216:9,10,
conclude
217:19
224:16
13 239:16
221:22
D
correct
departments
documents
concluded
199:7,9,
daily
225:7
220:1,12,
213:25
11,17
207:13
depending
19 224:16
248:9
203:13
227:10
225:24
conclusion
205:17,
Danny
228:19
229:19
18,20
244:18
deposit
233:3
207:11,17
date
221:21
dollars
concocting
208:9,11
197:6
234:19
238:13
210:9202:3
235:20
221:2
ESQUIRE 800.211.DEPO (3376)
Esquire Solutions. com
KELLY AVERY VOLUME II
CITIZENS AWARENESS VS. TOWN of GULF STREAM
May 18, 2016
Index: drive -firm's
drive
employees
excess
245:17
figure
230:17
215:20
225:22
Fair
234:14
234:20
217:5
243:1
excessive
238:12
due
244:20
226:4
figured
fall
207:2,4
emulate
234:22
excited
203:14
201:18
215:22
file
fashion
E
end
199:21
excused
212:21
218:8
208:17
248:8
232:6,13,
fast
213:13
earlier
14
exempt
241:6
226:25
filed
207:2
ended
EAU
204:12
earliest
219:12
exempted
222:8,9,
209:16,19
197:6
207:3,9
10
212:21
early
ensure
232:5
Exhibit
fax
filing
198:13
218:20
199:10
201:3
202:6,22
enterprise
211:3
241:15
faxed
207:23
earshot
expense
202:22
210:24
225:8
entities
211:11
217:5
221.24
fearful
easily
fill
expenses
213:6
235:11
equipped
233:20
218:9,11
200:12
feel
effect
explained
211:16,22
financial
221:15
errata
197:24
217:25
213:1
efficient
247:3
214:12
218:8
express
233:5
estimate
222:2
find
240:17
217:22
230:15,16
205:22
effort
218:1,6
expressed
233:15,17
214:1
234:5
235:5,8,
244:25
245:19
241:10
ego
18 236:3,
extensive
feeling
242:24
211:2
16
215:16
211:18
Finding
electric
estimate's
extra
230:10
225:7
237:9
236:20
234:3
feels
fine
emails
estimates
212:25
224:4
243:18
220:5
F
fees
242:4
embarrassed
evidence
211:4
246:9
243:4
203:23
facilitate
felt
finished
employed
exact
211:3
212;24
206:6
197:6
223:18
fact
230:17
firm
employee
examination
204:17
fiddle
210:23
218:3
197:3
210:17,
233:12
214:22
226:8
18,19
223:10
244:19
examine
211:1
fide
firm's
229:25
210:15
244:24
ESQUIRE 800.211.DEPO (3376)
1 1i EsquireSolutions. com
KELLY AVERY VOLUME II
CITIZENS AWARENESS VS. TOWN of GULF STREAM
244:22
245:2,9
219:12
handful
firms
frustrating
glanced
216:14
215:11
205:23,24
229:9
handling
Five-minute
207:20
good
197:18
224:2
frustration
214:19
207:15
fix
231:15
216:14
happen
197:18
240:22,23
234:17
234:10
229:3,4,6
give
202:1
245:1,2
246:22
237:6
flash
218:1
208:20
fulfill
government
happened
234:20
231:12
220:8,9,
235:4
204:13
202:24
Florida
235:11,
213:14,
245:14
217:3
fully
frustrated
14 248:3
210:5
giving
19'23
207:9
216:6
happening
222:14
grabbed
210:4
force
206:11
G
harassment
245:4
229:18
gave
230:23
220:5
237:19
229:14
245:14
generally
Foster
229:7
214:22
get all
238:14
227:21
Foundation
233:20
210:25
Gillespie
Four -people
243:14,25
224:12
girl
Freida
241:3
197:18
gist
198:5
240:13
200:20
give
202:1
198:1
207:12
218:1
208:20
228:7
212:23
231:12
220:8,9,
233:21
16
235:11,
front
13,15,16,
217:3
21 236:2,
frustrated
14 248:3
230:10,
giving
18,21
207:9
ESQUIRE
granted
199:22
grateful
245:5,12
great
233:2
group
207:23
guess
201:16
224:15
225:2
229:6
Gulf
197:7
212:22
214:20
223:15
224:9
225:4
H
Hall
231:1
232:18
245:14
harder
214:17
he'll
205:14
head
206:14
health
237:23
hear
2 08: 13
224:21
232:13
heard
201:17
208:16,19
210:6
239:20
241:25
242:1
hearing
215:14
helped
245:3
helps
241:4
May 18, 2016
Index: firms -identify
hide
210:17
highest
244:19,21
hold
236:7
holding
234:20
holidays
215:7,10
238:13
home
206:21
honestly
212:8
230:5
hope
211:20
hospital
212:17
hourly
235:18
house
201:14
how'd
222:2
how's
239:24
hundreds
215:6
I
idea
239:4,5
ideas
239:10
identify
217:4
800.211.DEPO (3376)
EsquireSolutions. com
KELLY AVERY
VOLUME II
May 18, 2016
CITIZENS AWARENESS VS. TOWN of GULF STREAM
Index: immediately -log
240:4,8
inundation
17,20
knowledgeab
211:24
immediately
240:23
Jones
le
212:2,7
201:13
242:5,12
214:22
216:6
learned
235:12
involved
238:14
212:6
impression
197:6
July
L
leaving
200:15,19
219:25
201:9
208:20,
214:25
228.7
202:5
Lake
22,24
218:20
226:1
229:1
inappropria
219:1
June
tely
238:20
218:25
language
left
206:12
239:6
233:12
209:23
221:24
increase
involvement
K
large
237:15
200:6
198:3
legal
information
issue
keeping
larger
216:6
229:18239:11,14
207:2
207:5,7,
203:20
226:1
232:20,25
10,21
KELLY
lastly245:13
233:3,8
210:10
legislature
197:1
insinuation
211:5
224:7
210:10
late
225:17
issued
kill
201:9
letter
instance
221:5
208:13,
203:14
206:18
221:3
220:4
issues
14,17
laughed
245:1
213:14
222:20
letting
223:23
instructor
223:17
kinds
245:9
law
223:14
items
200:21
limited
210:23
intake
219:13
205:15
214.22
214:16
205:17
_
216:17
215:11
list
223:23
217:18
218:11
intensive
J
234:3,4
223:10
227:18
2 36:11
236:21
230:20
interim
Jersey
kinds
laws
241:15
199:22
200:1
227.21
222:13
211:25
lawsuit
litigation
internet
226:18,19
kiss
238:20
208:18
212:11,15
234:21
245:19
212:3
located
intimidatin
238:11
kissed
219:6
197:13
g
job
206:13
220:2
locations
205:22,
208:21,25
knew
lawsuits
224:14
24,25
209:3
208:7
210:7,24
to
log
214:19
237:23
242:5,13
02:7,8
199:5
joint
knowledge
lawyer
203:20,23
207:24
204:13
204:12
208:8
207:16
inundating
Jonathan
213:13
209:14,
learn
213:5
204:16,
217:13,17
21,22
ESQUIRE 800.211.DEP0 (3376)
EsquireSolutions. com
KELLY AVERY VOLUME II May 18, 2016
CITIZENS AWARENESS VS. TOWN of GULF STREAM Index: long -nuts
217:3
239:3,5
long
198:22
206:8,9
235:17,19
236:3
longest
215:18
Longport
200:1
211:25
212:17
226:18
227:13,25
228:16,22
237:17,22
238:8
looked
209:21
211:4
lot
215:2,4
216:3
222:24
231:4
love
209:3
low
247:16
lowest
218:1,3
luck
246:22
lump
216:17,19
M
machine
199:4.8
made
204:8
215:6,15,
17 220:7
221:15
223:4
225:16
233:16
234:5,24
245:19
maintenance
224:25
make
202:18
204:4,6,
21 214:1,
16 220:6,
19 221:23
222:2
230:14
232:10
233:9,19
235:7
236:19
237:4
241:2,8
247:10
makes
236:21
making
202:13
203:6
210:18
212:1
214:21
215:10,
13,20
221:23
241:19
manner
207:25
March
2 19: 5
Martin
198:11
205:4
206:10,18
211:24
216:13
245:16
matter
237:11
matters
204:14
216:6
maximum
244:6
Mayor
231:11
meaning
247:2
means
229:6
247:8
meet
200:10,
12,15
205:1
meetings
216:1
231:1
mention
212:18
mentioned
226:17,22
237:17
239:15
245:13,24
met
200:9
204:17
mind
207:25
213:25
246:25
minutes
248:5
mistakes
223:4
money
235:22
236:10,14
Monica
238:2
monopolizin
g
200:24
month
198:23
233:23
months
201:9
Morgan
231:11
morning
209:10,
11,14
mouth
243:15
moved
229:9
moving
243:10
multiple
214:21
225:5,7
multiply
235:19
N
named
203:1
names
202:21
203:1
narrower
237:5
necessarily
209:11
211:14,17
negotiate
217:22
neutral
238:21,22
newspapers
211:7
227:21
normal
200:17
225:18,21
226:4
not-for-
profit
210:16
211:1
217:19
noted
201:6
notes
205:12
nothing's
235:1
now's
229:3
numbers
198:3
245:3
numerous
215:13
nuts
230:17
ESQUIRE 800.211.DEPO (3376)
Esquire Solutions. com
KELLY AVERY VOLUME II May 18, 2016
CITIZENS AWARENESS VS. TOWN of GULF STREAM Index: O'boyle..personnel
S
O'boyle
198:8,12
199:13
200:23
201:3,19
202:17
203:3,5,
6,11
204:1,16,
18,20
2 05: 4
206:11,18
2 07: 16
2 08: 1
209:17
210:17
211:2,10
212:21
213:12
215:19
216:13
217:5
223:10,22
224:1,3,
5,8
227:4,8,
25 229:22
230:20,24
231:8
232:4,17
238:1
243:8
245:16
246:17
247:2,6,
15,22
248:2,5
O'boyleIa
202:20
207:18
211:25
216:2,13
222:17
O'boyles
209:2
210:1
222:16
223:8
O'hare
198:8
201:11,
14,17,24
203:7,12
204:1
207:15
208:1,10
209:2,8,
16 210:2
211:10
212:21
213:13
214:21
215:19
216:16
217:9
220:4,5,
19 221:23
230:20
231:8
232:4
238:13
245:2
O'hare Is
202:4
208:7
O's
216:20,
21,23,25
217:1
239:17,25
Object
229:18
237:19
obtaining
211:4
occasions
204:20
2 05: 8
occurred
220:9
October
197:7
offer
246:14,19
offhand
205:9
216:14
218:15
240:5,7
office
197:9,10
199:6
206:15
221:22
offices
197:13
official
246:14,
16,19
on-line
204:25
234:15
239:8
240:25
241:10
243:2
open
204:13
213:14,22
opinion
242:16
opinions
2 10: 20
opportunity
247:9
order
201:18
211:3
orders
248:6
originated
222:20,22
overwhelmin
g
202:9
owed
220:24
P
paid
219:23
235:1
244:19
Palm
200:4
Park
226:2
part
214:15,18
225:10,
20,21
226:10,
12,15
239:3,4,9
242:3
partic
238:21
pay
220:21
221:5,6
234:18
236:7
244:12
payable
241:4
244:11
paying
234:22
peace
216:8
people
197:11
2 00: 14
215:25
216:3,8,
12,19
221:22
222:13,
23,24,25
223:3,13,
14 230:20
237:4
239:15,21
241:8,23
242:3,6,
12,14
percent
210:3
percentage
209:25
perfect
208:17
214:14,18
perfectly
242:4
247:19
period
215:18
permit
199:18
permits
224:22
personal
217:13
personally
205:5
211:19,20
personnel
221:13,14
ESQUIRE Esqu �eSolutions.com)
KELLY AVERY VOLUME II May 18, 2016
CITIZENS AWARENESS VS. TOWN of GULF STREAM Index: phone -records
phone
previous
221:14
223:25
reason
242:24
218:18
222:2,13
228:6,12
219:11
243:2
243:19,20
225:17,
229:12,
226:24
248:3
20,23,24
16,21,23
227:9
prior
pick
200:1,3
226:10
230:1,2,6
reasonable
220:13,20
243:16
231:9
231:12,
214:12
234:11,14
232:24
19,21
proactive
233:2,10
Rebecca
picked
240:22,24
237:11
quick
241:3
220:13
problem
239:3
235:15
236:16
rebuilt
place
213:21
pulled
224:24
quickly
227:22
231:5,22
212:11,15229:9
recall
P laces
242:10
punished
199:1
246:20
problems
241:18,23
quote
202:13
206:10
242 � 1
219:12,
212:8,16
plans
P
18,23
224:20,22
237:23
purporting
233:21
receipts
pockets
produce
210:24
234:5
238:18
222:13
220:11
purpose
235:16
received
point
Produced
211:2
243:18,
203:24
221:20
19,20
239:1
197:16,21
push
220:25
pro£essiona
200:21
recently
232:17
1
R
214:21
234:17
245:22
put
237:14
206:13
police
project
209:4
rate
record
224:16
218:9
221:20
218:17
204:16
245:4
properly
232:3
235:20
225:8,9
policy
213:10
235:2
244:15
records
221:14
236:20,22
reacted
197:18,
234:24
provided
P
242:25
223:3
22,24
206:24
243:15
P onion
read
198:11,20
public
245:18
205:14
199:12
241:5
197:16,22
246:6
210:20,22
200:24
preparing
198:11,20
putting
211:6
201:7,23
209:9
199:12
239:8
219:10
205:6
presuming
200:24
226:20
206:2,22
224:1
201:7,23
229:9
208:17
205:6
4
246:24
210:18
pretty
206:2,22
247:2,4,9
211:22
222:18
208:17
question
212:1,20
226:21
210:18
231:8,18readin
g
213:3,5,
prevented
212:1,20
232:3
212:16
14,20,22
241:19,23
213:14
233:5,9
real
214:1,13
242:1
215:10,
questions
235:15
215:14,20
13,20
217:4
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. corn
KELLY AVERY VOLUME II May 18, 2016
CITIZENS AWARENESS VS. TOWN of GULF STREAM Index: redirect -she'll
218:6
204:7
requestor
require
221:8,14,
212:12,14
220:1
205:11
S
16,21
221:1
234:11
required
222:13
223:18,20
requests
205:5
safeguard
223:4
227:7,8,
197:19,22
246:25
224:14
24
reroof
198:3,11,
225:17,
228:16,23
201:14
sake
20 199:2,
20,23,24
229:5,8
12,15,21
residents
233:16
226:10
235:9
200:7,9,
240:3
sat
230:12
237:21
15,25
230:25
232:24
240:5,6,
respond
233:2,10,
9,10,12
201:4,8,
213:8
scanner
15 235:12
242:23
21
214:6,9,
199:6
239:3
202:14,18
11 234:10
remind
203:6,11,
Security
241:5,9,
221:4
24 204:5,
responded
245:3
19 242:4,
6'8'21
233:21
9,10,11
removed
234:1
seminar
243:16
245:3
205:6
222:16
206:2
response
redirect
repeat
207:16send
235:12
224:1,7
207:6
208:18
220:10
209:9,15,
responses
235:21
redo
report
214:13
244:10
237:4
198:1
16,19,25
211:11,22
responsive
sending
refer
REPORTER
212:1,20
235:12
221:3
211:10
207:4,6
213:3,5,
216:22
21 22 24
Rita
separate
referred
219:15,
198:6
204:8
238:24
214:4,9,
200:20
241:14
19,21
20,21
servant
246:16232:11
215:6,11,
222:3
referring
247:20,23
14,16
239:14
225:22
248:1,4
217:4
242:25
serve
227:5
request
218:13,16
Roeder
200:7
228:18,
197:24
220:6
208:7
served
21,22,24
198:25
221:23
roof
210:1
245:17
199:22
230:12
215:14
219:6
regard
204:9
232:24
settled
211:25
206:22
233:2,10,
rough
199:16
217:18
215:21
15,20
214:12
201:2
220:19
238:13,18
roughly
regular
239:1
settlement
226:6
221:4,16,
235:7
17 234:9
241:9,19
212:5
rehearse
235:4
242:4,9,
run
she'd
229:23
237:4,8,9
10,11
217:14
220:22
243:19,21
243:16
248:2
remember
she'll
199:2,3
requested
244:14
running
246:24
203:19
221;9
217:14
247:4
ESQUIRE 800.211.DEPO (3376)
, EsquireSolutions.com
KELLY AVERY
VOLUME II
May 18, 2016
CITIZENS AWARENESS VS.
TOWN of GULF STREAM Index:
sheet -temporary
sheet
situation
sponsored
209:1
suspect
247:3
220:23
222:10
212:17
244:18
shortly
240:13
staff
stressful
suspected
201:16
size
214:16
212:20
234:10
203:8
225:25
224:12
213:16
24 222:14
sued
247:16
Sweetapple
shot
slip
239:13
strictly
197:2
208:14
245:10
stand
226:8
207:8
222.21
small
206:5
strike
216:24
shots
197:9
start
201:22
219:17,22
208:17
224:9
198:20
apecificall
224:4
204:13
229:24
231:20
stuff
229:11,18
show
225:13
203:6
221:19
230:23
205:1
Social
started
222:5
237:19
222:25
245:3
197:5
224:23
243:6
showed
son's
201:24
231:4
245:15
212:10
210:23
202:7,8,
240:16
246:24
222:23
234:19
25 203:6,
241:10
247:4,8,
223:2,6
space
213:18
submit
12,18,25
242.23
197:13
215013
202.21
248:6
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
showing
speak
state
235:5,11
238:3
200:4
T
243:3
succeed
242:16
201:18
shown
speakingtalk
210:5,13,200:23
207:16
24 222:14
sued
247:16
237:17,
213:7
222:24
sic
specific
21,25
232:9,10
227:2
204:7suit
238:7
239:23
228:13,15
243:10
213:13
239:24
245:22
240:11
steer
suite
talked
aide
apecificall
215:2
204:13
229:24
231:20
y
steps
summer
242:23
sides
230:1,3
240:24
203:14
245:15
231:20
spend
stored
supplement
talking
232:1
209:8
224:24
218:22
203:3
signed
236:10
Stream
219:3
232:25
209:6
197:7
234:19
spent
supplements
213:18
212:22
240:23
215:10
1
241:15
similar
238:13
214: 20
219:8
230:6,9
223:15
technical
spoke
224:9
support
225:2
sit
230:10
227:11
205:12,13
238:2,23
Stream's
tells
206:5
225:4
supposed
205:16,19
spoken
215:3
233:22
242:19
stress
232:20
temporary
208:21,25
197:12
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
KELLY AVERY VOLUME II
CITIZENS AWARENESS VS. TOWN of GULF STREAM
ten 206:9 204:13,24 —
226:2,5 212:5 208:22
term 213:10 210:1,5 —
214.8 12 213:13
0
208:19
' '
Um-hmm
time
16 215:23
214:4
understandi
197:23touched
206:16
202:2
terms
221:3,13,
215:3,19,
214:23
201:7
18 224:1
25 216:19
206:7
200:21,24
town
202:18
208:2
testify
226:3
219:13, -
210:14
201:17
229:3
15,16
215:12
204:7,10
231:16,
224:10
218:11
testimony
17,18,23,
226:1,8,
216:3,11
197:5
24 235:18
12 230:25
217:6,12
217:21
236:2,25
231:24
218:4
247:10
232:4, 18
222.9
timeline
224:11,13
Thanksgivin
198:23
240:3,21
225:19
g
242:13
215:7
timely
244:4
229:13,15
214:6
thing
town's
237:16
216:17
times
200:24
239:18
241:1
204:22
213:7
242:20
242:19
207:21
225:23
unanswered
213:12,15
things
214:3,7
towns
234:6
216:5
220:3,22
231:18
uncomfortab
223:5
234:25
track
le
232:12
202:10
245:20
240:14
told
218:8,12
241:2,8
199:24
underground
220:16
training
237:9
thinking
228:5
222:7,12
209:7understand
232:16
219:9
transcribed
199:23
238:17,25
228:19,20246
:15
247:21,24
201:2
truth
214:10
tho
top
217:21
239:9
206:14
244:21
220:15
Thrashertwo-and-a-
total
231:16,
232:16
209:15,
half
18,20,21,
246:4
16 19
215:23
22 233:4
May 18, 2016
Index: ten -wanted
upset
216:4
236:21
239:22
242:6,8,
12
upsets
234:3,4
236:19
utility
218:9
V
verbally
2 05: 16
viable
232:24
viciously
213:4
video
247:1
videos
222:23,24
223:2
voice
216:3
volume
201:7
214:4,9
voluminous
203:11
209:9
W
waiting
246:14
wanted
199:19
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
time
220:24
type
understandi
197:23touched
206:16
ng
198:10206:11
210:8
214:23
199:25
types
unusual
200:21,24
town
202:18
201:7
201:6,24
197:7
203:7
200:1,10,
updated
204:7,10
12 201:8
218:11
May 18, 2016
Index: ten -wanted
upset
216:4
236:21
239:22
242:6,8,
12
upsets
234:3,4
236:19
utility
218:9
V
verbally
2 05: 16
viable
232:24
viciously
213:4
video
247:1
videos
222:23,24
223:2
voice
216:3
volume
201:7
214:4,9
voluminous
203:11
209:9
W
waiting
246:14
wanted
199:19
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
KELLY AVERY VOLUME II
CITIZENS AWARENESS VS. TOWN of GULF STREAM
221:19
205:5,15,
232:3
16 208:16
wanting
245:25
236:9
writing
218:10
waves
246:6
211:11
written
website
205:14
223:2,6
206:18
242:25
211:7
weekend
213:25
209:7,8
weeks
215:23
when Ia
198:10
women
2 06: 15
word
2 08: 13
words
240:11,13
243:15
work
197:10,11
200:18,21
213:19
218:3
22 0: 10
221:24
225:18,21
226:7
233:6
234:4,7
236:11
worked
226:1
working
197:15,18
201:23
207:12
write
Y
y'all
223:15,17
year
215:7
yesterday
209:23
York
225:5
z
zip
240:20
ESQUIRE
May 18, 2016
Index: wanting..zip
800.211.DEPO (33 76)
EsquireSolutions. com