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HomeMy Public PortalAboutReport on the Alleged Systematic Abuse of Public Record LawsLAW OFFICES OF SWEETAPPLE, BROEKER & VARKAS, P.L. DOUGLAS C. BROWER, P.A. 44 West Mettler Steel, Ste. 1500 Miami, Florida 331306817 Telephone: (305) 374.5623 Facsimile: (305) 358-1023 ROBERT A. S WEETAPPLE ! •' DOUGLAS BROEKER KADISHA D. PHELPS ALEXANDER D. VARKAS, ill ASHLEIGH M. GREENE BERKLEY S. VITALE • eouocemm�a au�scmasmaanouav •• eo�ann;arm®nvarwwu.♦nau¢r Scott W. Morgan, Mayor William Thrasher, Town Manager Gulf Stream Town Commission 100 Sea Road Gulf Stream, Florida 33483 August 18, 2016 S WEErAPPLE & VARKAS, P.A. 20 S.E. 34 Street Baca Raton, Florida 334324914 Telephone:(561) 392.1230 Facsimile: (561) 3946102 Please Reply To: Boca Raton rsweetapplc&wmmpplelm.com aivarkas?&weelapplelaw.com bvitale®sweetapplelaw.eom cbailey&s tapplelaw.com dsmidQsweetapplelaw.cum Re: Report on the Alleged Systematic Abuse of Public Records Laws by Martin O'Boyle, Jonathan O'Boyle, Christopher O'Hare, Citizen's Awareness Foundation, Inc., and The O'Boyle Law Firm Dear Mayor Morgan and Commission Members: It is well known that for about the last three (3) years the Town of Gulf Stream has endured and defended what it believes to be systematic abuse of the Florida Public Records laws by Martin O'Boyle, Christopher O'Hare, Citizen's Awareness Foundation, Inc., The O'Boyle Law Firm and others. These abuses include, but are not limited to, receiving in excess of 7,280 public records requests by the above named and their affiliates. In addition, the group has filed more than 37 public records request lawsuits, and more than 18 other lawsuits directed against the Town, its employees or agents. These actions follow a long history of documented public records abuse by Martin O'Boyle both in the Town of LongpoM New Jersey and with the State Attorney of Florida's Fifteen Judicial Circuit, as discussed in my earlier report (Exhibit A), as a means to bully and intimidate the Town into settling with him for money damages and other non -monetary demands. This particular pattern of abuse started in January 2014, when Martin O'Boyle orchestrated and launched a scheme in conjunction with his son Jonathan O'Boyle, The O'Boyle Law Firm, and others, to abuse the liberality of Florida's public records laws in a plan designed to create significant money profits. As part of the plan, O'Boyle formed an entity called Citizen's Awareness Foundation. Inc., (CAFI), and alleged it to be a not-for-profit Florida corporation. Details of the scheme have recently been revealed in extensive documentation produced to the Town through litigation discovery, including a memorandum from Martin O'Boyle to attorney Robert G. Tweel, Esquire, dated January 28, 2014, which was copied to Joel Chandler. (Exhibit B). In that memorandum, Martin O'Boyle states that he has established Citizen's Awareness Foundation, Mayor Scott Morgan August 18, 2016 Gulf Stream Town Commission page 12 Inc. and named three of his long-time employees as directors: Denise DeMartinit, William F. Ring, Jr., and Brenda Russell. Martin O'Boyle also seeks advice from Attorney Tweel as to what his title should be and what specific job descriptions and duties should be designated for all of the employees, including Mr. Joel Chandler. Martin O'Boyle states that he wants to form the corporation as a 501(c)(3), i.e., a federal not-for-profit that will: (t)ravel the State to make public records requests; and to either obtain the public records or if the governmental body does not provide the records (e.g.: they play "hide the ball") that the Corporation will obtain counsel (likely on a contingency basis) to take legal action. In that connection, the Corporation will have offices at 1280 West Newport Center Drive, Deerfield Beach, FL 33442. The law firm that will be used almost exclusively (they are a firm that specializes in public records litigation) will be the O'Boyle Law Firm (lead by my son) and his offices will be at the same address. (Exhibit B). Martin O'Boyle further reveals in the memorandum that his new "not-for-profit" and the new law firm will both be operating from his offices in Deerfield Beach, FL. Martin O'Boyle further proposes in his memorandum to use his company, Commerce Group, Inc., to pay the payroll of this purported not-for-profit CAFI corporation. These payments would be treated as deductible donations, once CAM's tax free status is secured from the Internal Revenue Service. Mr. O'Boyle proposes to secure a line of credit at the bank, and after the 501(c)(3) non-profit status comes through, to give a lump -sum "donation" to the corporation. We have reviewed the IRS database for not-for-profit charities/entities but found no record of Citizens Awareness Foundation, Inc., as a charity/entity that has either applied for, obtained, or had 501(c)(3) status revoked so it is uncertain whether CAFI ever obtained its 501(c)(3) status. When the Town attempted to ascertain the details concerning Citizens Awareness Foundation, Inc., and Martin O'Boyle's involvement in same, he testified under oath that he has had absolutely no involvement with the Foundation. Specifically, Mr. O'Boyle testified that: Q. So in this lawsuit, can you tell me if —if there is any legal counsel that has been approved by CAFI other than the O'Boyle Law Firm? A. I have nothing to do with CAFI. I'll say it again and I'm saying it the last time. If you ask me again, I won't answer. M. O'Boyle Dep. Vol. 11, 174:1-7, Sept. 15, 2014 1 According to a recent lawsuit filed against Gulf Stream by Ms. DeMartini, she no longer works for Martin O'Boyle or his companies. LAW OMCESOF SwEr mppu, aROERER & VARRAS, P.L. Mayor Scott Morgan Gulf Stream Town Commission Q. On January 27th, CAM was incorporated, and the board was designated to be William Ring, Denise De martini and Brenda Russell, correct? A. [have nothing to do with CAFI, and I'm not going to —that's the last question I'm answering. M. O'Boyle Dep. Vol. II, 174:20-24 Q. CAFI's address, sir, is listed as the same address as Commerce Group; are you aware of that? A. I know nothing about CAFI. M. O'Boyle Dep. Vol. Il, 175:6-8 Q. So Brenda Russell is your secretary, and she is one of the directors of CAFI? A. I don't know if she is a director of CAFI. Q. I told you who the three directors are. A. That's what you told me. I don't believe you. Q. So you don't know who they are? A. I just told you I know nothing about CAFI. M. O'Boyle Dep. Vol. 11, 178:21-179:2 THE WITNESS: I know nothing about CAFI. And let me say it 100 times in a row and that way we can save you all this time. M. O'Boyle Dep. Vol. II, 199:9-11 Q. Who else has funded CAFI, Mr. O'Boyle? A. I don't know. Q. Are you aware of anyone besides you that has provided funds to that entity? A. I know nothing about CAFI. M. O'Boyle Dep. Vol. II, 208:4-8 August 18, 2016 Nee 13 Mr. O'Boyle's testimony, which is clearly contradicted by the documentary evidence, appears to be designed attempt to deflect discovery and investigation into O'Boyle's activities, and is being brought to the Court's attention by Motion. In furtherance of this records -for-profit scheme, O'Boyle's son, Jonathan O'Boyle, registered The O'Boyle Law Firm P.C., Inc., as a Florida law firm, with the law firm's main client to be Citizens Awareness Foundation, Inc., which was being formed at the same time by or through the direction of Martin O'Boyle. Quite clearly, the documents and information obtained indicate that a central LAW OFMCES OF SWMAPPLE, BBOEKER & VAAR AS, P L. Mayor Scott Morgan August 18, 2016 Gulf Stream Town Commission Page 14 component of O'Boyle's business strategy was for O Boyle to pay agents to make hundreds of public records requests throughout the State of Florida for the purpose of generating public records lawsuits for his son's law firm (Exhibit C). Curiously, at the time The O'Boyle Law Firm was opened in Florida, Jonathan O'Boyle was not a member of The Florida Bar, yet the documents reflect that he assumed a central role in running the law firm and overseeing all of the public records litigation. (Exhibit D). These public records lawsuits by statute can only seek attorneys' fees and costs, not damages. Therefore, CAR and the O'Boyle Law Firm designed their public record requests with the specific intent to make "kill -shots" -that is, they would create a public record situation that guaranteed "non-compliance" by unsuspecting governmental agencies, contractors and not-for-profit charities throughout the State of Florida. (Exhibit E). Then they would sue these entities for their "non- compliance", and attempt to quickly settle the matters, in most if not all instances for amounts well in excess of the minimal amount of legal time or expenses involved. (Exhibit E). According to its Executive Director, Joel Chandler, the "kill -shot" technique was a central part of CAFI's overall windfall profits strategy (Exhibit F), whereby its lawyers at The O'Boyle Law Firm demanded fees in excess of the actual amount of attorney's hourly time incurred.' This "windfall profits scheme" formed the basis of Martin O'Boyle's overall business plan, as is evidenced by the memorandum referring to a contingency fee basis—a likely reference to the lode star concept, which, following an appropriate and binding agreement with a client, allows attorneys to obtain multiples of their fees if they are taking work on a contingency rather than a per hour payment basis. (Exhibit B). This plan was approved by Jonathan 0' Boyle as evidenced by Joel Chandler's testimony and evidence provided. This plan was also approved by Jonathan O'Boyle, as evidenced by Joel Chandler's testimony and by Jonathan O'Boyle's own exchange with Kevin Tynan, Esq. Until the time Gulf Stream filed its RICO lawsuit against them and exposed these actions, The O'Boyle Law Firm had filed in excess of 100 lawsuits around the State of Florida, including claims against the following private charities and public agencies: • Area Agency on Aging of Central Florida, Inc. • Catholic Charities Diocese of Venice, Inc. • Epilepsy Foundation • Florida Council Against Sexual Abuse • Florida Healthy Kids Corporation • Homeless Coalition of Palm Beach County • Lutheran Services Florida, Inc. • Mascotte Elementary School, Inc. • Northwest Behavioral Health Services, Inc. • South Florida Behavioral Health, and • The Hope Foundation for Autism. A schedule of lawsuits filed by CAM is attached hereto as (Exhibit G). 2 According to Mr. Chandler, this plan continued despite his protest and is one of the many reasons for his eventual resignation. CAW OMCESOF SWESFAPPLF, aROEKER & VARKAS, RL Mayor Scott Morgan August 18, 2016 Gulf Stream Town Commission Page 15 The O'Boyle Law Firm also employed a man named Jeffrey Gray' to act as a Plaintiff in their cases and the firm filed in excess of 30 cases on his behalf. Mr. Gray, who is not a lawyer, has admitted under oath that he was paid money from the attorney's fees collected by The O'Boyle Law Firm in his public records cases. Since no damages are recoverable in public records litigation other than attorney's fees, Mr. Gray testified that The O'Boyle Law Firm paid him a portion of the attorney's fees generated upon successful completion of the case (Exhibit H). See also Affidavit of Joel Chandler dated October 27, 2014 (Exhibit I). Mr. Chandler has testified that no contingency agreements were prepared between Citizens Awareness Foundation, Inc., and The O'Boyle Law Firm, and he has further testified that cases were settled by The O'Boyle Law Firm without his knowledge or without written closing statements. (As director of CAR, Chandler was the representative "client" and should have been consulted by its attorneys for approval of CAR settlements and should have received a written document summarizing each settlement). Mr. Chandler also testified that when he protested the manner in which CAR lawsuits and settlements were being made without his consent, he was advised that all offers for settlement were made pursuant to the policies of the O'Boyle Law Firm (as opposed to the direction and best interests of the client). (See Exhibit F). Mr. Chandler also stated that he was paid to train Mr, Christopher O'Hare regarding public records requests and lawsuits. Mr. O'Hare, who filed in excess of 1,000 public records requests targeting the Town of Gulf Stream, has been largely represented by The O'Boyle Law Firm in lawsuits stemming from many of those requests. In this regard, Mr. O'Hare has filed at least 26 public records lawsuits and 5 non-public records request lawsuits against the Town, its employees or agents. Mr. Chandler expressly advised that "targeting" of municipalities should not be undertaken, yet Mr. O'Hare and Mr. O'Boyle continue to make public records requests of the Town and its agents at the approximate rate of 30 per week. In my opinion, the purpose of this "targeting" conduct of Gulf Stream is to send a message to other governmental entities, contractors and charities throughout the State that any resistance or defense of public records requests and/or lawsuits brought by Citizens Awareness Foundation, Inc., Mr. O'Hare, Mr. O'Boyle and The O'Boyle Law Firm will result in similar treatment and abuse. In essence, the aforementioned group has attempted to make Gulf Stream the poster child of its profit-making public records scheme. The current State of Florida law appears to allow continued broad and unbridled public records requests to be directed at State agencies and contractors, including charities and not -for -profits. If these requests are not fully or timely responded to, the requestor may file suit, which includes a unilateral fee entitlement to the plaintiff. As a result, skilled and knowledgeable plaintiffs can creatively fashion "kill -shots" or requests that are so complicated, intricate or difficult that a complete response is often impossible. This is made even more likely when dozens or hundreds of requests are filed at or near the same time, making it nearly impossible to timely respond to every request. In order to prevail on a claim for attorney's fees, the defendant's response to the public records request must be deemed "unreasonable". In light of the conduct described above and the inordinate burdens placed 3 Jeffrey Gray was also at one point an employee of Citizens Awareness Foundation, Inc. LAW OMCES or SW EUAPPLE, aROEKER & VARKAS, P1 Mayor Scott Morgan August 18, 2016 Gulf Stream Town Commission Page 16 by these plaintiffs against the Town of Gulf Stream, it is my position that the Town has acted reasonably under what can only be described as extremely difficult circumstances. Although, the public's right to obtain and access public records is an important right which should not be eliminated, there must be balance. It is imperative that the Florida legislature review ongoing abuses and schemes arising from public records legislation. Measures to prevent and curtail these abusive activities must be enacted, including, but not limited to, a bad faith exception and reciprocal attorneys' fee provision. However, in the interim, the best and only solution for the Town appears to be to expose these activities and to refuse to succumb to lawsuits that are filed to intimidate, bully, or shakedown the municipality. Settlement of any such lawsuit will only result in additional filings. All municipalities and government contractors must be made fully aware of the nature of these activities and work diligently to combat ongoing and expanding abuses. RAS:cjm Encls. Regards, ROBERT V EETAP�y WW OmcEsor SWEUAPPLE, BROEEER & VARRAS, P,L LAw Ol•7•TcEs or SWEETAPPLE, BROTKER & VARKAS, P.L. DOUGLAS C. BROEKER, P.A. 44 Ww Flailkr Sue:, Sm 1500 Miami, Florida 33130-817 Telephow.. (305)374-5623 Paeslmlle: (305)358-lau ROBERT A. SWEErAPPLE ! " DOUGLAS C. BROEKER ALEXAND-R D. VARKAS, JR. KADISHA D, PHELPS ALFXA<;DF.R D. VARKAS, In ASI ILFIGH M. GRFF.NF BERKIXY SWFI:TAPPLF VITALS A •, • pMYlekarpRy a:L..tIIut:oAtlYpTCYHeY tlOMDCFATIn®(TiLi1L'.LL.ITAIYALT February 18, 2016 VIA EMAIL Scott W. Morgan, Mayor Town of Gulf Stream Commission 100 Sea Road Gulf Stream, Florida 33483 S WEFTAPPLE & VARKAS, P.A 20 5.1: 3e Street Boca Ratan• Florida 33432-4914 Telcphonc:(561) 372.1230 Faoimllr.(561)394-6102 Please Reidy To: Bou Raton rsweetepplca_s emvplelaw.com avmlras@o-,swe:applellw.eam ajvarins(d)etappldaw.mm bvitale(ti, sweanPPlelaw.crons cbo11Cy(r6sweelaPWclaw.cmn dsmitl aswccmppleaw.eum Re: Martin O'Boylejonathan O'Boyle and Christopher O'Hare Dear Mayor Morgan and Commission Members: I have been asked to provide a report regarding the ongoing litigation and activities involving Martin O'Boyle, Jonathan O'Boyle and his law firm, The O'Boyle Law Firm, and Christopher O'Hare. PAST CONDUCT T. LoneDort. N.J. I believe it is important for you to understand that the Town's current disputes are not atypical for Martin O'Boyle. A New Jersey Law Journal reports that Mr. O'Boyle entered into a conflict with the Town of Longport, A'cw Jersey in 2007, when lie was cited for a zoning violation. Mr. O'Boyle is reported to have filed numerous lawsuits individually, through his corporation, Commerce Group Construction, Inc., and his organization, Citizens for Open Government, LLC. These were lodged against various individuals, the Town and the press. In the case of Martin F O'Boyle v. Peter lsen, 2014 WI.340104 (N.J. Super. A.D.) (a defamation case that Mr. O'Boyle brought and lost) the Superior Court ol'New Jersey, Appellate Division, noted: From September 2007 through early July 2008, plaintiff [Martin O'Boyle] and members of his family filed multiple requests pursuant to the Open Public Records Act (OPRA), NJ.S.A. 47:1 A-1 to 13. Longport's only clerk worked part-time, and she did not address the requests within the time required by statute. At one point, the clerk went to the emergency room because of the stress she attributed to the flood of OPRA requests. And, in February 2008, the Mayor Scott Morgan February 18, 2016 Toon of Gulf Stream Commission Page 12 Borough's solicitor notified plaintiff that it would not accept any additional OPRA requests he filed, explaining that the numerous requests were substantially disrupting governmental services. The solicitor claimed that Longport had received 190 requests on October 16 and 17 and thirty filed October 31, 2007. The Longport dispute included published reports of the flying of planes and banners trailing messages calling the Mayor a "puppet" and other more cryptic enunciation. R. Tennesseg In state court litigation in Tennessee, in the case of New Midland Plaza Assaciales, at. al. V. Wachovia, er. al., Case Number E-18053 in the Blount County Circuit Court, Fifth Judicial District, Judge W, Dale Young found that: O'Boyle's intent, purpose and strategy in pursuing his claims was to conduct this litigation in a manner which had the maximum financial impact on the defendants.... The purpose and strategy manifested itself in O'Boyle's repeatedly making arguments and taking positions --irrespective of their merits—thin would maximize the inconvenience and costs to defendants. More than seven years o f frivolous litigation, litigation spawned by the zealous temperament of O'Boyle, has placed an extreme burden on the clerk of this court over and above the everyday course of business Judge Young also found drat Mr. O'Boyle had filed "serial motions" denying he had given inconsistent testimony, which motions "served dual improper purposes of attempting to re -litigate issues upon which the Court had previously ruled and unnecessarily increasing the Defendants' costs." The Court found this conduct sanctionable. An affidavit filed by the trial court noted that it had previously sanctioned [the Plaintiffs] on two occasions in an amount totaling a quarter of a million dollars and twice held them in contempt. III. no Palm Beach County State Attorney The Palm Beach Post reports that in one month, O'Boyle's company, Sweet Aron Boy Blimp Co., LLC, submitted 1,328 request to Arenberg and the Office of the 19ih Judicial Circuit State Attorney Bruce Colton... that included 874 requests to Bruce Colton, StateAttomcy on the Treasure Coast, and 454 requests to Dave Arenberg, Palm Beach County State Attorney. More than 1,000 requests were sent over three days, February 25 through 27. IV, Gulf Stream Mr. O'Boyle commenced his assault of public records requests on the Town of GuifStream in the spring of 2013, after he was denied certain variance requests for work on his home. Some 400 Requests were followed by approximately 16 lawsuits. Ultimately, in an attempt to put an end to his uw oma m SWEErA"LtL aMOaaCn a VAnaAS, P.L Mayor Scott Morgan February 18, 2016 Town of Gulf Stream Commissiun "age 13 conduct, the Town settled with Mr. O'Boyle in July2013, permitting the improvements he sought and paying him $180,000.00. The current onslaught of Public Records Requests and Lawsuits began shortly after the Town settled with Mr. O'Boyle in July 2013. Specifically, just one month a Iter the settlemont, Mr. Christopher O'IIare began i oundating the Town with public records requests. from late August 2013, when the Town began keeping detailed logs until the end of the year, Mr. O'hlare averaged in excess of 100 requests per month. By October 2013, just three months after the Town settled with Mr. O'Boyle, Mr. ('Hare had filed his first public records suit. More than one dozen lawsuits had been served on the Town by January 2014. The O'Boyle Law Firm, which had been formed by Jonathan O'Boyle in Pennsylvania in November 2013, began operating in Florida in mid-January 2014 and immediately began filing public records suits against the Town on behalf of both Mr. O'Hare, Mr. O'Boyle and Citizens Awareness Foundation, Inc. With dozens of lawsuits pending, Martin O'Boyle, Christopher O'Hare and various individuals or entities affil iatedwith them continued to make hundreds of public records requests to the Town over the past 2 Vv years. Ultimately, they have made approximately 2,000 public records requests. These have included numerous requests by Mr. O'Hare using pseudonyms mocking Town officials such as: Gonna White, Groan Orthwein, Ail ly Trasher and Bobby Gangrene. Requests have also been routinely made by email in high volumes and outside of regular business hours, making itnearly impossible for Town staff to keep up.11his includes 40 requests made in a 4 hour period on a Sunday. V. Citizens Awareness Foundation, Inc. During July of 20141 received an unsolicited email from Joel Chandler, a former Director of Citizens Awareness Foundation, Inc, ("CAFr% an alleged Florida not-for-profit Company. Mr. Chandler advised and swore in an affidavit that CAN and The O'Boyle Law Finn were established and funded by Martin O'Boyle. Both were located in the O'Boyle offices and run by O'Boyle, his employees, and designees. The ultimate goal of the enterprise was to file at least one hundred public records lawsuits per month against public entities and State contractors throughout Florida. All litigation would then be fed to The O'Boyle Law Firm. The law firm would then demand and collect more in fees than it had expanded in billable time in what Mr. Chandler described as the "windfall scheme." Defendants would find it less expansive to settle than to engage counsel or litigate. (See Chandler Affidavit and exchange of emails attached as composite Exhibit "A'�. As aresult of these alleged activities, Mr. Chandler quit his job and stated that he was notifying victims of this conduct. I lc further indicated that Mr. O'Boyle personally caused hundreds of public records requests and two lawsuits to be filed against the Town of Gulf Stream on behalf of CAFI without Mr. Chandler's knowledge or approval. Public records reveal that on behalf of CAFI as of one yearago, the O'Boyle LawFirm, has filed more than 100 lawsuits against various government entities, government contractors and not-for-profit LAW OFFICrSOF SW CLmpmr, BROCRCR& VARRAS. P Mayor Scott Morgan February 18, 201 G Town of Gulf Strcem Commission Pagc 14 entities (including the Area Agency on Aging of Palm Beach Treasure Coast, Homeless Coalition of Palm Beach County and the Hope Foundation for Autism). The Florida Bar News and other publications have now extensively reported this conduct as a scam and the legislature is discussing proposed changes to the Florida Statutes. VI, Pendinr Lineation Currently pending against the Town are nearly 40 public records cases which have been filed by Mr. O'Hare, Mr. O'Boyle or entities owned or controlled by O'Boyle. These lawsuits are largely being advanced by The O'Boyle Law Firm. In essence, Mr. O'Hare and Mr. O'Boyle have filed thousands of Public Records Requests inundating the Clerk of the Town to frustrate her ability to comply with the requests. Thereafter suits aro brought complaining about the speed and accuracy of the responses and seeking attorney's fees and costs that the current version of the Public Records Act only permits a plaintiff to recover. The plaintiffs have not succeeded on any of their public records claims and have dismissed several of them after motions for sanctions were filed. The only case to have gone to conclusion was won by the Town and has been appealed by Mr. O'Boyle. We intend to notice the remainder of the cases for trial as soon as possible. Various additional claims have been brought by Mr. O'Hare and Mr. O'Boyle against the Town and its elected officials, employees and contractors including Mayor Morgan, BUI Thrasher, Special Magistrate Lard Donlon, Chief Ward and Marty Minor with urban Design Kilday for alleged Federal and State civil rights violations. 'These claims are being handled by insurance counsel. The Town has obtained favorable dismissals of several of these suits, one of which was justaffirmedan appeal by the Federal Appeals Court and resulted in a favorable fee award against Mr. O'Boyle for his frivolous filing. Mone of these claims have been decided in favor of Mr. O'Hare or Mr. O'Boyle. Lawsuits have been filed against the Town's attorneys, including three suits against my firm or me personally and a lawsui t against Joanne O'Connor and Sldp Randolph. Particularly frrrstratingisthe fact that one of these lawsuits arose after Mayor Morgan, Ms. O'Connor and I met to confidentially discuss a potential settlement with Mr. O`Hare and his counsel, Louis Roeder and Mark Hanna, Mr. O'Boyle has sued complaining that this settlement conference violated the Sunshine Law even though Mayor Morgan was the only city government representative in attendance. Ethics Complaints have been brought against me, Mr. Randolph and Mayor Morgan. These have all been dismissed. Mr. O'Boyle has repeatedly flown planes towing banners over West Palm Beach and Gulf Stream denigrating the Town's attorneys and officials. More recently, the attempts to particularly target the attorneys defending thepublic records cases has intensified as some 200 records requests were sent to almost every attorney at Mr. Randolph's law firm in late November and December apparently by Mr. O'Hare. VII. Concluslon In 35 years of practicing law and litigating cases throughout the State of Florida and the United States I have never encountered this type of a concerted pattern of abusive conduct directed at a local Lau' OiCCE3 V;' SWin i ArPLLr, aPCCCEF h Vnn[as, P, Mayor Scott Morgan February I9, 2016 Town ofGnlfStrcem Commissiun Page 15 government. It is clear to me that the O'Boyles and Mr. O'Harc engage, in this conduct to cause the Town to accede to their demands. I hope that my report has helped you understand the nature and scope of the litigation and actions that theTown has been defending. RAS:cjb Enclosures Regards, ROBERT A. SWEETAPPLE UwOrncrsor SwEETAPPLE,BROEFr.R& VARRAS.P 1. AFFIDAVIT OF JOEL EDWARD CHANDLER BEFORE ME, the undersigned authority, personally appeared JOEL CHANDLER, who after being duly swom, deposes and says that: 1. My name is JOEL CHANDLER, 2. I am over eighteen (1 B) years of age. 3. I am a resident of Polk County, Florida, 4. I have personal knowledge of every assertion made in this affidavit.' 5. Citizens Awareness Foundation, Inc., (herein "CAFE'), was formed as a Florida not-for-profit corporation by Martin O'Boyle in concert with his son, Jonathan O'Boyle. 6. Jonathan O'Boyle is an attorney admitted in Pennsylvania and New Jersey, but not admitted to practice in Florida. 7. In January 2014, 1 was solicited by Martin O'Boyle to lead a not-for-profit corporation that was, he said, intended to promote open government. That not-for-profit corporation was created at Martin O'Boyle's direction and became known as the "Citizens Awareness Foundation, Inc." or "CAFI." g. During my discussions with Martin O'Boyle, wherein he sought to hire me to serve as the leader of CAFI, we explicitly agreed that CAFI would have an independent Board of Directors; that the Board of Directors would be entirely free from the influence of Martin O'Boyle or the O'Boyle Law Firm; that I would have absolute and sole discretion regarding the commencement and resolution of open government litigation on behalf of CAFI, and; subject only to the independent Board of Directors, I would have the authority to select and retain law firms for the purpose of engaging in open government litigation. EXHIBIT 1— 9. During January or February of 2014,1 participated in a telephone conversation with Martin O'Boyle and Robert "Bob" Tweel, a tax attorney from West Virginia. Martin O'Boyle and I discussed with Mr. Tweel the absolute necessity that CAFI be a legitimate not-for-profit entity. This included, but was not limited to, the requirement that CAFI use a variety of law firms to represent it so as to avoid the appearance of self-dealing. 10. Martin O'Boyle indicated to Mr. Tweel and to me that he was going to loan all necessary monies to fund CAFI and, after 501(c)(3) status was acquired, write off as a charitable donation all of the monies he had loaned to CAFI. After leaving this meeting I was particularly encouraged that Martin O'Boyle was genuine in his interest to establish a bona fide not-for-profit entity of which I would serve as the Executive Director and that CAFI would afford me the opportunity to more effectively continue my work as a civil rights activist and advocate for open government, 11. Martin O'Boyle appointed Brenda Russell, William Ring and Denise DeMartini to the CAFI Board. 12, Brenda Russell is Martin O'Boyle's long time secretary. She was never present for meetings. In fact, no formal meetings of the Board were ever called or held. For a brief time, Brenda Russell collected my travel and business receipts, all of which were subject to the approval of Martin O'Boyle, 13. William Ring is Martin O'Boyle's longtime business associate and corporate attorney. 14. Denise DeMartini is the long-time employee of Martin O'Boyle or entities that he controls. 15. All of my negotiations for employment by CAFI were with Martin O'Boyle. At no time did I engage in any negotiations regarding the details of my employment, including my compensations, with anyone other than Martin O'Boyle. 16. At Martin O'Boyle's direction I drafted and signed a proposed memorandum of understanding regarding my employment by CAR I have never received a copy of the proposed memorandum of understanding signed or approved by the board of CAFI. 17.1 served as the Executive Director of CAR for approximately five (5) months, through the end of lune 2014. 18. 1 resigned because of repeated instances of conduct perpetuated by Martin O'Boyle, Jonathan O'Boyle, William Ring, Denise DeMartini, and some of the attorneys at the O'Boyle Law Firm, P.C., Inc., (herein the "O'Boyle Law Firm"), as set forth herein, which I believe may be criminal, fraudulent and unethical. 19. My relationship with the O'Boyle Law Finn was not limited to my capacity as the Executive Director of CAFI. As the individual plaintiff in several open government lawsuits, l had retained the O'Boyle Law Finn as my personal legal counsel. 20. My communications with the attorneys of the O'Boyle Law Firm, including Jonathan O'Boyle, affected both CAR and me, as an individual client. 21. Martin O'Boyle and Jonathan O'Boyle told me that Martin O'Boyle was funding the O'Boyle Law Firm. 22. Martin O'Boyle told me that he was also funding CAN. 23. The Martin O'Boyle business entities, including Commerce Group, Inc., CAR, and the O'Boyle Law Firm operated from the same physical location and were controlled by Martin O'Boyle, 24. Despite assurances that CAM would be independent and not-for-profit, Martin O'Boyle and the O'Boyle Law Firm used CAFI for the sole purpose of generating attorney's fees for the O'Boyle Law Firm, 25, Throughout my tenure with CAFI, I repeatedly demanded that lawsuits not be filed or settled without my direct authorization. 26. In spite of Martin O'Boyle's initial assurances to the contrary, I was not permitted to retain legal counsel on behalf of CAFI, other than the O'Boyle Law Firm. William Ring, CAFI's President and Marlin O'Boyle's proxy, communicated this to me. 27, On numerous occasions, I learned that the O'Boyle Law Firm, on behalf of CAFI, had filed lawsuits, without my knowledge or authorization. 28. The O'Boyle Law Firm routinely settled cases without written fee agreements, contingency agreements or closing statements. No accountings of the monies received were provided to me despite my repeated requests for that documentation. 29. Repeatedly, I advised Martin O'Boyle, William Ring and Jonathan O'Boyle that my other personal attorneys had advised it was a serious Bar violation to disburse settlement funds without client approval or closing statements, 30. Despite my protests, the O'Boyle Law Firm continued to file and settle lawsuits on behalf of CAFI and to collect and keep settlement payments. At no time was 1 ever presented with any form of accounting for legal fees or the disbursement of settlement payments. 31. During the O'Boyle Law Firm's representation of CAFI and me, I was personally present, or present by telephone, at numerous O'Boyle Law Finn meetings. Denise DeMartini, Martin O'Boyle's executive assistant and Director of CAFI, conducted these aw firm meetings. During these meetings, and in my presence, many pending cases were discussed. These discussions included the details of cases to which neither CAM nor I were parties. Denise DeMartini is not a member of the Florida Bar. 32. It became commonplace for Martin O'Boyle to express his opinions and to offer his advice with respect to litigation strategies and on the conduct of CAFI lawsuits as well as the cases of other firm clients. Jonathan O'Boyle actively participated in these discussions and, in my presence, directed the work of O'Boyle Law Firm attorneys and made litigation decisions. 33. Daring the course of my employment I learned that Martin O'Boyle directed his secretary to file in excess of 100 public records requests to the Town of Gulf Stream, under the pretense that these were being filed on behalf of CAFI. He also ordered that lawsuits be filed by CAFI against the Town of Gulf Stream. This was done without my authority and litigation was filed over my objection. 34, When I complained about the fact that Martin and Jonathan O'Boyle were not honoring the commitment that I would have sole authority to make public records requests and conduct litigation, I was told by William Ring that this was "the way Big Daddy wants if', i.e., Martin O'Boyle. Otherwise, "Big Daddy will turn-off the spigot of money". 35. Jonathan O'Boyle advised me that he was not a member of the Florida Bar but would be become a member within days. During the five months that I worked with CAR, Jonathan O'Boyle worked full-time at the O'Boyle Law Firm providing legal advice, directing the administration of cases, and assuming responsibility for cases. 36. The O'Boyle Law Firm and Jonathan O'Boyle prosecuted and filed some cases without my permission and settled some cases without my knowledge or consent. 37. No retainer agreements were ever entered into with me on behalf of CAFI. No contingency agreements were entered into with me on behalf of CAR. No closing statements were ever presented to me and it appears that all monies that were solicited from defendants were paid directly to the O'Boyle Law Firm. 38. Martin O'Boyle, through his entities, funded all of the filing fees and expenses of CAFI as well as the expenses of the O'Boyle Law Firm. CAR has now filed scores, if not hundreds, of cases against state and local agencies throughout Florida as well as various state contractors. 39. The employees of all of Martin O'Boyle's entities, including The Commerce Group, Inc., CAM and the O'Boyle Law Firm were shared. Denise DeMartini and William Ring worked for Martin O'Boyle, CAFI and the O'Boyle Law Firm. 40. Although Martin O'Boyle named Denise DeMartini a director of CAR, she also directed the operations of the O'Boyle Law Firm and conducted law firm meetings. 41. Denise DeMartini repeatedly stated that CAM was required to file at least one hundred lawsuits a month; that all lawsuits had to be directed to the O'Boyle Law Firm for prosecution, and; that as my direct supervisor, she would evaluate my performance based upon my ability to deliver a minimum of twenty-five case per week to the O'Boyle Law Firm. 42. Through William Ring, Martin O'Boyle insisted that the O'Boyle Law Firm handle all litigation. 43. Martin O'Boyle told me he had unlimited money to pay filing fees for CAR cases and I was to file as many cases as possible. 44. When I asked Martin O'Boyle to quantify how many cases he was willing to finance he said it was virtually unlimited. When I again tried to clarify by asking him if he was willing to finance three thousand (3,000) cases in a single year, he said "sure." 45. When I learned it was the policy and practice of the O'Boyle Law Firm to demand settlement of cases against government entities and state contractors for attorney's fees in excess of the fees actually earned I was livid. In fact, I confronted William Ring, Denise DeMartini and Jonathan O'Boyle in May of 2014 and stated in unequivocal terms that I would resign if it didn't stop. 46. In one telephone conversation with Jonathan O'Boyle I warned him at least six times that I was going to resign and that l objected to Denise DeMartini's demands that 1 produce 100 cases per month, her control of the O'Boyle Law Firm and the windfall scheme of collecting more monies in attorney's fees from defendants, than had actually been earned. 47. Despite these complaints, William Ring, Denise DeMartini and Jonathan O'Boyle told members of the firm that I had authorized the windfall scheme. When I learned of this I confronted those involved. Nick Taylor, Esquire confirmed that despite my objection, the windfall scheme would continue as firm policy. Shortly thereafter, I announced my resignation. 48. Ryan Witmer and Giovanni Mesa announced they were also going to resign. 49. William Ring announced he was going to become a member of the O'Boyle Law Firm at about that time. 50. After I resigned, Martin O'Boyle contacted me by telephone and demanded that 1 withdraw an email I had sent to Nick Taylor regarding Jonathan O'Boyle's unlicensed practice of law and Jonathan O'Boyle's authorship of the windfall scheme. During that call, which was my last conversation with Martin O'Boyle, he repeatedly threatened to bring great "unpleasantness" to my life if I failed to renounce my email to Nick Taylor. 51. Thereafter, Martin O'Boyle repeatedly attempted to contact me by telephone and email seeking my assistance to facilitate CAM in fling additional lawsuits. 52. After resigning from CAFI I sent an email to numerous newspaper and television news reporters announcing my resignation. I copied that announcement to dozens of individuals, including Robert Sweetapple, Esquire, to notify them of my disassociation and disapproval of the O'Boyles and their activities. 53. Within a few days of my resignation from CAFI, I granted an interview with a reporter from the Lakeland Ledger and provided many of the details contained within this affidavit. 54. Prior to emailing Robert Sweetapple, I had never met him, spoken to him, nor had he or any members of his firm contacted me. 55. Prior to my emailing the law firm of Jones Foster, 1 had never had any contact with Joanne O'Connor, Esquire, or any member of that law firm. 56. My subsequent contact with Robert Sweetapple and Joanne O'Conner was entirely the result of own initiative. 57. I sent my email to Robert Sweetapple because 1 knew he represented the Town of Gulf Stream, which I believed was being victimized by Martin O'Boyle and the O'Boyle Law Firm and I was concerned that the conduct of Martin O'BoyIe and the O'Boyle Law Firm might be illegal and fraudulent. 58. 1 believed that I had a duty to make all victims, including the Town of Gulf Stream, aware of what 1 learned during my association with Martin and Jonathan O'Boyle. For example, Martin O'Boyle's orchestration of more than one hundred public records requests being served upon the Town of Gulf Stream, allegedly under the name of CAFI, but without my authorization; Martin O'Boyle's direction that lawsuits be filed by the O'Boyle Law Firm in the name of CAFI against the Town of Gulf Stream but without my authorization, and; in spite of my objections, Martin O'Boyle's use of CAM as a weapon in his personal vendetta against the Town. 59. Prior to contacting Robert Sweetapple to make him aware of my concerns regarding Martin and Jonathan O'Boyle's conduct, I met with numerous private attorneys. As a result of those meetings I concluded that I had a duty to disassociate myself from the O'Boyles and to make full disclosure of any illegal and fraudulent activities. I have also contacted numerous other victims and their attorneys to advise them of the conduct of the O'Boyles and to provide them with evidence of such conduct. 60. Before speaking with Robert Sweetapple on the phone I spoke with Joanne O'Connor by telephone and made her aware of the misconduct. 61. I then provided to Robert Sweetapple evidence of what I believe may be fraudulent and criminal conduct as well as a detailed chronology of events. 62. Thereafter, I spoke with Robert SweetappIc and gave him permission to meet with me and to take a voluntary sworn video statement concerning my involvement with Martin O'Boyle, Jonathan O'Boyle, CAFI and the O'Boyle Law Firm. 63. At all times Robert Sweetapple made me aware of the application of the lawyer -client privilege, both as it pertained to CAFI and to me personally. I determined, based upon independent legal advice, that I was filly permitted and had a duty to disclose what I believe to be the criminal and fraudulent conduct of Martin O'Boyle, Jonathan O'Boyle, CAF] and the O'Boyle Law Firm. I also voluntarily waived privileged matters that arose from the joint representation by the O'Boyle Law Firm. 64. In spite of the many contrary assurances made by Martin O'Boyle to me, including the exercise of my independent judgment and meaningful economic resources to be used to promote the public's right to access government records and meeting, in reality CAFI's sole purpose is to serve as an exclusive in-house mechanism whereby the O'Boyle Law Firm can generate legal fees by filing hundreds of open government lawsuits. 65. The egregiousness of the scheme was exacerbated by the O'Boyle Law Firm's policy of demanding excessive and unearned legal fees from defendants as a condition of settlement. 66. Simply pm, CAFI is a profit -generating scheme funded by Martin O'Boyle to produce fees for his son's legal practice. 67. Allegations that Joanne O'Conner, Robert Sweetapple or their firms purposely solicited and obtained confidential information from me is false. The allegation that this was done to gain an unfair advantage in litigation is further false. 69. The information that I provided to Robert Sweetapple and Joanne O'Connor was not intended to provide an unfair advantage to the Town of Gulf Stream, but to make the Town and all other victims aware of what I believe to be the fraudulent, criminal and professionally unethical conduct of Martin O'Boyle, Jonathan O'Boyle, CAM and the O'Boyle Law Firm. 69. Robert Sweetapple and Joanne O'Connor did not solicit privileged information from me. I voluntarily contacted them and made my own determination, after meetings with 10 independent counsel, as to what information and documents to provide to victims. 70. My sole motivation for contacting the media, victims and their ottomeys, proving evidence, inviting the taking of my sworn statements and authoring this affidavit is to Protect the essential civil right of all Floridians to know what their government is doing in their name and at their expense. It is my considered opinion that the unconscionable conduct of Martin O'Boyle, Jonathan O'Boyle, CAM and the O'Boyle Law Firm serves as an example of die abuse of our legal system and will be used by Opponents of open government as an excuse to limit the public's right to know. FURTHER AFFIANT SAYCTH NAUGD JOE�>IRANDLER SWORN TO AND SUBSCRIBED before me thisc�77 day of October, 2014. My Commissions Expires: �✓�,� �5 Personally known Produced Identification Identification produced:_t dJ� 11 i Page I of l From:"RyanWitma"<Yw!Uner@cottuncrcc-group.cum> Date: Tuesday, January 14, 2014 6:27 PM To., "Joel Chandler" <joel.chandkr@fogwatch.org> Subject-. RE: New case Joel - regarding your second question below, " how many cases are your guys able to take where you're paying the filing fees?" - what do you have in mind? Ryan L Witmer, Esq. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-574-6885 Cell: 717-201-3097 Fau 954-360-0807 RWitmer@commerce-group.co m -----Original Message ----- From: Joel Chandler (malltojoel.chandler@fogwatch.org) Sent: Sunday, January 12, 2014 4:08 PM To: Ryan Witmer Subject: New case I have been having technical issues with DropBox and was just now able to send you a like to the records and videos we discussed yesterday. Please confirm your access to those files, At some point I'd like to talk again with you about our work One obvious question that comes to mind is how many cases are your guys able to take where you're paying the filing fees? Joel Chandler (863) 660-4244 ioel.chandler@foawatch.org www.FogWatch.org 7/16/?Old Page I o£3 From: "Ryan Witince< ltmer- commerce-goup.com*> Data: Wednesday, January 15, 2014 9:59 AM To: "Joel Chandler" <Joal.chandlm,@fag%vatch.org> Subject: RE: New case Joel - is there a good time to chat this afternoon? Ryan L Witmer, Esq. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-574-6885 Cell: 717-201-3097 Fax:954-360-0807 RWitmer@commerce-group.com -- —Original Message ----- From: Joel Chandler (mailto Joel,chandler@fogwatch.org) Sent: Tuesday, January 14, 2014 8:14 PM To: Ryan Witmer Subject Re: New case Well, that's an interesting question. In the Fall of 2012 an attorney asked me to come up with public records cases with a very specific set of facts and I was able to bring him 101 cases in the space of about six weeks. Each case had nearly perfect fads and was what I refer to as a "triple A" or a "kill -shot" What I'm trying to gauge is how many cases you guys are comfortable doing on a contingency basis if 1.) you are fronting the filing fees; 2.)the cases have perfect facts; 3.) the denials are either dearly stated in writing or video records if they are in person; 4), the plaintiff is ideal (willing to settle or go as far as the attorneys want - no media issues, etc.). We need to figure out the economics of this - who gets paid and how - and then how many cases we want to do and roll with it. The alternative to filing fees may be creating a state not-for-profit with no assets, income or bank account and filing for indigent status. I am confident that we would have to litigate that issue and it would go up on appeal. Once the establishment figured out what we are trying to do they would expend enormous resources to stop us. But if we puled it off there would be no limit to the number of cases that we could file. The less conspicuous method isjust to pay the filing fees and go for the throat and get paid 71107MA Pagc 2 of 3 quickly. Joel Chandler (863) 660-4244 joel.chan dier@fogwatch.ora www.FogWatch.org On Jan 14, 2014, at 6:27 PM, Ryan Witmer <rwitmer@commerce-group.com> wrote: > Joel - regarding your second question below, " how many cases are your guys able to take where you're paying the filing fees?" - what do you have in mind? > Ryan L Witmer, Esq. > 1280 West Newport Center Drive > Deerfield Beach, FL 33442 > Office: 954-574-6885 > Cell: 717-201-3097 > Far. 954-360-0807 > RWitmer@commerce-group.com > ----Original Message----- • From: Joel Chandler [mailto Joel.chandler@fogwatch.org) > Sent Sunday, January 12, 2014 4:08 PM > To: Ryan Witmer > Subject New case > I have been having technical issues with DropBox and wasjust now able to send you a like to the records and videos we discussed yesterday. Please confirm your access to those files. > At some point I'd like to talk again with you about our work. One obvious question that comes to mind is how many cases are your guys able to take where you're paying the filing fees? > Joel Chandler > (863) 660-4244 > joel.chandler@fogwatch.oro > www.FogWatch.org 7/16/1)11111 Page 3 of 3 7/168.014 ec;�Z,-IC-hn; Ik/- MEMORANDUM [ME01863.D521 TO: Robert G. TweeI, Esquire - E -Mail FROM: Martin E. O'Boyle DATE: January 28, 2014 RE: Citizens Awareness Foundation, Inc. 1. With regard to the caption, on January 20, 2014 we set up a corporation. The name and address of the corporation is as follows; Citizens Awareness Foundation, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 2. The Directors of the Corporation are as follows: Denise DeMartini, William F. Ring, Jr. and Brenda Russell. Nam Joel Chandler who is an employee of the Corporation would like to use the name Executive Director on his business cards and he would like to hold himself out as Executive Director. Please let me know if there are any reasons why we should not allow him to use that title. 3. The undersigned does not have a title as of yet. Will I need to have a specific title? If so, what should it be? 4. Should there be specific job descriptions/ duties for all employees, Mr. Chandler, myself and any others which we may hire (and I understand that we are in the process of hiring at least one more)? d .e need to?.get buSlness Bards for ea¢hparty. 6�_We need fq;obtain stationery. 1 This was setup electronically on the evening of January 24, 2014 by Merrett Hanna. Memorandum to Robert G. Tweel, Esquire January 28, 2014 Page 2 This Corporation is intended to be a 5016 that will have employees that will travel the State to make public records requests; and to either obtain the public records or if the governmental body does not provide the records (e.g.: they play "hide the ball") that the Corporation will obtain counsel (likely on a contingency basis) to take legal action. In that connection, the Corporation will have as its offices 1280 West Newport Center Drive, Deerfield Beach, FL 33442. 8. The law firm that will be used almost exclusively (they are a firm that specializes in public records litigation) will be the O'Boyle Law Firm (lead by my son) and his offices will be at the same address. Please let me know if you see this as problematic in any respect. 9. We need to determine how we will pay payroll. I query whether we could have payroll made from the Commerce Group Account or whether there will have to be separate accounts. My concern here is comingling, although it does not seem that it should be problematic since essentially if all payroll was paid from the Commerce Group Account and the Corporation reimbursed Commerce, it would be akin to the Corporation renting the employees from Commerce. These same questions would apply to workmen's compensation insurance and to health insurance. 11. Attorney Marrett Hanna has performed the work on this Corporation thus far. In that connection, she has generated the following documentation; A. Articles of Incorporation - filed - confirmation not yet received B. By Laws - a draft is attached. 'Attorney William Ring is the incorporator. P/NPA/L/A/CAF! bar Memorandum to Robert G. Tweel, Esquire January 28, 2014 Page 3 1- Further to the above, I need to know what additionally needs to be filed at all levels. As an example, are there additional filings that have to be made with the State at this time? What filings have to be made with the Federal Government, including the IRS? Will you be handling those filings? 13. I have never operated a 5016 Corporation. Could you provide me with a list of the "dos and don'ts" for the Corporation? In that regard, I would also like to know what the absolute have tos are and the absolute dont dos are. My goal is to make sure that we operate in the most proper of manners. 14. My understanding is it takes several months to obtain the tax free status from the Internal Revenue Service. If that is not true, please explain. If that is true, please explain how this corporation will be funded if the money is not tax exempt. I was told (by a layman) that once the application is made with the IRS that the tax free status is retroactive to the application. Of course, I cannot confirm or deny the validity of that statement. Also, I assume that once we obtain the 5010 status that all monies coming in from all sources in all amounts will be deductible to the person making the donation. Please confirm the correctness there. 15. Although I touched on it lightly above, can you tell me what the timing is in obtaining the tax free status from the Internal Revenue Service. 16. With regard to getting money into the Corporation until it becomes a 5016, assuming there is not a simple way to do it, what I thought of doing is having the 5016 get a line of credit at the bank (I would secure it with my funds) whereupon they can borrow money to operate. When the 501c3 came through, I could then give a donation to the Corporation which would be used to pay off the debt and perhaps have additional funds available to it as part of that donation. Please give me your thoughts in that regard. IT With regard to health insurance, I touched on that above. Thatis a:D aSO issue; P/NPR/L/A/CAFI bar Memorandum to Robert G. TweeI, Esquire January 28, 2014 Page 4 18. The registered agent is Christine Defilippis3 - Marrett says there are no officers. 19. We are hoping this Corporation will be a 5016 Corporation, please let me know if the Corporation needs to be capitalized; and how that should be done. 20. With regard to our many corporations, we are very "Ioose" as applies to corporate governance, annual meetings, etc. With a tax free, could you tell me the strictness in those areas? Also, can you let me know what filings (beyond those of a typical corporation) are required? Again, I do not want to operate the Corporation improperly and run the risk of losing its charter or tax exempt status. 21. I believe I asked this question earlier, but are there any limitations on donations? If so, are there any limitations on who the donations may come from? 22. We need to adopt an Employee Handbook. gltisi5€S:Desgassup' Note: When doing so, we should prepare a "cheat sheet" explaining the salient points including payroll. As you can see, I have multiple questions and I have probably missed several questions which I will need your input on. Some questions that I have are: (a) when can we get started; and (b) what is the approximate cost to get us to where we need to go? P.S. Please disregard the highlighted areas. 'We will Likely change the Registered Agent P/NPR/L/A/CAF] bar CITIZENS AWARENESS FOUNDATION, INC Name: CITIZENS AWARENESS FOUNDATION, INC. ARTICLE 1. OFFICES Principal Office. Citizens Awareness Foundation, Inc. ("Corporation") may have offices, either within or without the State of Florida, as the Board of Directors ("Board") may designate or as the affairs of the Corporation may require from time to time. ARTICLE 2. MISSION STATEMENT AND SPECIFIC PURPOSE. 2.1 Mission Statement. Citizens Awareness Foundation, Inc. is a nonprofit, nonpartisan enterprise whose mission is to help the public understand how to effectively deal with the multitude of government entities, government officials and bureaucratic red tape. Our goal is to educate and empower members of the public so that they can meaningfully inform themselves and better participate in the democratic governments in the United States. 2.2 Specific Purpose. The Corporation's specific purpose is organized as follows: 1) to provide programs and information, which seek to meet the educational needs of those individuals who engage or are involved with government and its officials; and 2) to encourage citizens to monitor and to participate in the process of government. ARTICLE 3. BOARD OF DIRECTORS 3.1 General Powers. The affairs of the Corporation shall be managed by the Board. Directors need not be residents of the State of Florida. 3.2 Number and Tenure. The Board shall be composed of no fewer than three (3) Directors. The number of Directors may be changed from time to time by amendment to these Bylaws but no decrease in the number of Directors shall have the effect of shortening the term of any incumbent Director. A Director shall hold office for a term of one (1) year, or until he or she dies, resigns or is removed by a majority vote of the Directors under Section 2.10 of this Article. 3.3 Regular Meetings. By resolution, the Board may specify the time and place either within or without the State of Florida for holding regular meetings without other notice than such resolution. 3.4 Special Meetings. Special Board meetings may be called by or at the request of the President, the Secretary, or any two (2) Directors. The person or persons authorized to call special meetings may fix any place either within or without the State of Florida as the place for holding any special Board meeting called by them. 3.5 Notice of Special Meetings. Written notice stating the place, day, and hour of each special Board meeting shall be delivered personally or by mail, facsimile, electronic mail or telegraph to each Director at his/her address shown on the records of the Corporation at least two (2) 1 days before the meeting. Notice shall be effective upon delivery at such address, provided that notice by mail shall also be deemed effective if deposited in the United States mail properly addressed with postage prepaid at least five (5) days before the meeting, notice by facsimile or electronic mail shall be deemed effective when transmitted, and notice by telegraph shall also be deemed effective if the content thereof is delivered to the telegraph company at least three (3) days before the meetings. Neither the business to be transacted at, nor the purpose of any special meeting, need be specified in the notice of such meetings. 3.6 Waiver of Notice. 3.6.1 Whenever any notice is required to be given to any Director under the provisions of these Bylaws, the Articles of Incorporation, or the State of Florida Not for Profit Corporation Act, a waiver thereof in writing, signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. Neither the business to be transacted at, nor the purpose of, any regular or special meeting of the Board need be specified in the waiver of notice of such meeting. 3.6.2 The attendance of a Director at a meeting shall constitute a waiver of notice of such meeting, except where a Director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. 3.7 Quo . A majority of the total number of Directors shall constitute a quorum for the transaction of business at any Board meeting but, if less than a majority is present at a meeting, a majority of the Directors present may adjourn the meeting from time to time without further notice. 3.8 Manner of Acting. The act of a majority of the Directors present at a meeting at which a quorum is present shall be the act of the Board, unless the act of a greater number is required by law or by these Bylaws. 3.9 Resignation. Any Director may resign at any time by delivering written notice to the President or the Secretary, or to the registered office of the Corporation. 3.10 Removal. A Director may be removed from office upon the vote of a majority of the remaining Directors. 3.11 Vacancies. Any vacancy occurring on the Board may be filled by the vote of a majority of the remaining Directors. Unless he/she dies, resigns, or is removed, a Director so elected shall hold office until his/her successor is elected. 3.12 Presumption of Assent. A Director of the Corporation present at a Board meeting at which action on any corporate matter is taken shall be presumed to have assented to the action taken unless his/her dissent is entered in the minutes of the meeting, or unless he/she files his/her written dissent to such action with the person acting as the Secretary of the meeting before the adjournment thereof; or unless he/she forwards such dissent by registered mail to the Secretary of the Corporation immediately after the adjournment of the meeting. A Director who voted in favor of such action may not dissent. 3.13 Comoensation. Directors shall not receive any stated salaries for their services, but by Board resolution, Directors may be paid their expenses, if any, of attendance at each Board or committee meeting, or a fixed sum for attendance at each Board or committee meeting; but nothing herein shall be construed to preclude any Director from receiving compensation for services rendered to the Corporation. 3.14 Loans. No loans shall be made by the Corporation to any of its Directors. 3.15 Meeting by Conference Telephone. Members of the Board may participate in a meeting by means of conference telephone or similar communications equipment provided all persons participating in the meeting can hear each other and such participation shall constitute presence in person at the meeting. 3.16 Action by Board without a Meeting. Any action which could be taken at a meeting of the Board may be taken without a meeting if a written consent setting forth the action so taken is signed by each of the Directors. Any such written consent shall be inserted in the minute book as if it were the minutes of a Board meeting. 3.17 Committees. The Board, by resolution, adopted by a majority of the Board, may designate and appoint one (1) or more committees to advise the Board. If the committee shall have and exercise the authority of the Board in the management of the Corporation, it shall consist of no fewer than two (2) Directors. ARTICLE 4. OFFICERS. 4.1 Number. The officers of the Corporation shall be a President, a Secretary, and a Treasurer, each of whom shall be elected by the Board. A Chair of the Board, one (1) or more Vice Chairs, and such assistant officers as may be deemed necessary may be elected or appointed by the Board; such officers and assistant officers to hold office for such period have such authority and perform such duties as may be provided by resolutions of the Board. The Board may delegate to any officer or agent the power to appoint any such subordinate officers, or agents, and to proscribe their respective terms of office, authority, and duties. Any two (2) or more offices may be held by the same person, except the offices of President and Secretary. 4.2 Election and Term of Office. The officers of the Corporation shall be elected annually by the Board. Unless he/she dies, resigns, or is removed, each officer shall hold office until his/her successor is elected. 4.3 Resignation. Any officer may resign at any time by delivering written notice to the President, the Secretary, or the Board. 4.4 Removal. Any office or agent elected or appointed by the Board may be removed by the Board whenever in its judgment the best interests of the Corporation would be served thereby, but such removal shall be without prejudice to the contract rights, if any, of the person so removed. 4.5 Vacancies. A vacancy in any Office because of death, resignation, removal, disqualification, or any other cause may be filled by the Board for the unexpired portion of the term. 4.6 President. The President shall be chief executive officer of the Corporation and, subject to the Board's approval, shall supervise and control all of the assets, business, and affairs of the Corporation. The President shall preside over all Board meetings unless the Chair, if any, is present. The President may sign deeds, mortgages, bonds, contracts, or other instruments, except when the signing and execution thereof have been expressly delegated by the Board or by these Bylaws to some other officer or agent of the Corporation or are required by law to be otherwise signed or executed by some other officer in some other manner. The President may appoint or remove any staff or consultants for the Corporation and establish the rate of compensation for any such staff person or consultant. In general, he/she shall perform all duties incident to the office of President and such other duties prescribed by the Board from time to time. 4.7 Secret . The Secretary shall; (a) keep the minutes of meetings of the Board in one (l) or more books provided for that purpose; (b) see that all notices are duly given in accordance with the provisions of these Bylaws or as required by law; (c) be custodian of the corporate records; (d) keep registers of the post office address of each Director, (e) sign with the President, or other officer authorized by the President or the Board, deeds, mortgages, bonds, contracts, or other instruments, except when the signing and execution thereofhave been expressly delegated by the Board or by these Bylaws to some other officer or agent of the Corporation; (f) prepare and submit an annual report as required by the State of Florida Not for Profit Corporation Act, and (g) in general perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned to him/her by the President or by the Board. In the absence of the Secretary, an Assistant Secretary may perform his/her duties. 4.8 Treasurer. If required by the Board, the Treasurer shall give bond for the faithful discharge of his/her duties in such sum and with such surety or sureties as the Board shall determine. He/she shall have charge and custody of and be responsible for all funds and securities of the Corporation; receive and give receipts for moneys due and payable to the Corporation from any source whatsoever, and deposit all such moneys in the name of the Corporation in banks, trust companies or other depositories selected in accordance with the revisions of these Bylaws; and in general perform all of the duties incident to the office of Treasurer and such other duties as from time to time may be assigned to him/her by the Chair or by the Board. In the absence of the Treasurer, an Assistant Treasurer may perform his/her duties. 4.9 Chair of the Board. The Chair of the Board (if the Board of Directors so deems advisable and selects one) shall be an officer of the Corporation and, subject to the direction of the Board of Directors, shall perform such executive, supervisory, and management functions and duties as may be assigned to him/her from time to time by the Board. He/she shall, if present, preside at all meetings of the Board of Directors. 4.10 Sam. The officers shall not receive any salary for their services. Officers may be reimbursed for their expenses. No loans shall be made by the Corporation to its officers. ARTICLE 5, MEMBERS This Corporation shall have no members. ARTICLE 6. CONTRACTS, LOANS, CHECKS AND DEPOSITS 6.1 Contracts. The Board may authorize any officer or officers, or agent or agents, to enter into any contract or execute and deliver any instrument in the name of, and on behalf of, the Corporation. Such authority may be general or confined to specific instances. 6.2 Loans. No loans shall be contracted on behalf of the Corporation and no evidences of indebtedness shall be issued in its name unless authorized by a resolution of the Board. Such authority may be general or confined to specific instances. 6.3 Checks, Drafts, Etc. All checks, drafts, or other orders for the payment of money, notes, or other evidences of indebtedness issued in the name of the Corporation shall be signed by such officer or officers, or agent or agents, of the Corporation and in such manner as is from time to time determined by resolution of the Board. 6.4 Deposits. All funds of the Corporation not otherwise employed shall be deposited from time to time to the credit of the Corporation in such banks, trust companies, or other depositories as the Board may select. 6.5 Gifts and Contributions. The Treasurer may accept on behalf of the Corporation any contribution, gift, bequest, or device as may be consistent with the established purposes of the Corporation and as may be permitted by any applicable local, state, or federal law. 4 6.6 The Corporation has been formed for the purpose of fulfilling the mission statement described in Article 2 of these bylaws and it shall be non-profit and nonpartisan. No substantial part of the activities of the Corporation shall consist of the publication or dissemination of materials with the purpose of attempting to influence legislation. The Corporation shall not substantially participate or intervene in any political campaign on behalf of any candidate for public office or for or against any cause or measure being submitted to the people for a vote. 6.7 Legal Action. When legal action is deemed appropriate, the Board may authorize any officer or officers, or agent or agents, or appoint an Executive Director to pursue any action in the name of, and on behalf of, the Corporation. Such authority may be general or confined to specific instances. ARTICLE 7. BOOKS AND RECORDS The Corporation shall keep correct and complete books and records of account, minutes of the proceedings of its Board, and such other records as may be necessary or advisable or required by law at the registered or principal office of the Corporation. All books and records of the Corporation may be inspected by a Director for any proper purpose at any reasonable time, upon reasonable notice to the Secretary of the Corporation. ARTICLE 8. FISCAL YEAR The fiscal year of the Corporation shall be the calendar year, provided that if a different fiscal year is at any time selected for purposes of federal income taxes, the fiscal year shall be the year so selected. ARTICLE 9. EXECUTIVE COMNIITTEE 9.1 Number. Tenure and Qualifications. The Board, by majority vote, may elect from its members an Executive Committee, which will assist in preparing and implementing Corporation policies and programs. The number of members of the Executive Committee shall not be less than three (3), including the Chair of the Board of Directors, if any. The members shall serve for one (1) year or until they are reelected or their successors are elected. 9.2 Powers. The Executive Committee shall have the authority to direct and oversee the implementation by the Executive Director of policies, initiatives, and programs recommended by the Board. The Executive Committee shall also have the authority to approve and oversee the budget and approve contracts on behalf of the Corporation. 9.3 Chair of the Executive Committee. The Char of the Board of Directors or the President shall serve as Chair of the Executive Committee. 9.4 Meetings. The Executive Committee shall meet, from time to time, when any such meeting is called by the Chair, or by a majority of the members of the Executive Committee. Notice for such a meeting shall be delivered orally or in writing twenty-four (24) hours in advance of the meeting. 9.5 Quorum. A majority of the members of the Executive Committee shall constitute a quorum for the transaction of business at a meeting of the Executive Committee. 9.6 Manner of Acting. The act of a majority of the members present at a meeting of the Executive Committee which a quorum is present shall be the act of the Executive Committee. 9.7 Action by the Executive Committee without Meeting. Any action which would otherwise be taken at a meeting of the Executive Committee may be taken without a meeting if such action is approved, in writing, by all of the members of the Executive Committee. 9.8 Meetine by Conference Telephone. Members of the Executive Committee may participate in a meeting by means of conference telephone or similar communications equipment provided all persons participating in the meeting can hear each other. ARTICLE I L INDEMNIFICATION To the full extent permitted by the General Corporation Law of the State of Florida the Corporation shall indemnify any person who was or is a party to any civil, criminal, administrative, or investigative action, suit, or proceeding by reason of the fact that he/she is or was a Director or officer of the Corporation, or is or was serving at the request of the Corporation as a Director or officer of another corporation, against expenses (including attorneys' fees), judgments, fines, and amounts paid in settlement actually and necessarily incurred by him/her in connection with such action, suit, or proceeding; and the Board may, at any time, approve indemnification of any other person which the Corporation has the power to indemnify under the General Corporation Law of the State of Florida The indemnification provided by this Article shall not be deemed exclusive of any other rights to which a person may be entitled as a matter of law or by contract. The foregoing shall not apply to matters as to which any such person shall be adjudged in such action, suit, or proceeding to be liable for negligence or misconduct in the performance of a duty. The Corporation may purchase and maintain indemnification insurance for any person to the extent permitted by applicable law. ARTICLE 12. AMENDMENTS These Bylaws may be altered, amended, or repealed and new Bylaws may be adopted by the Board at any regular or special meeting of the Board. ARTICLE 13. DEDICATION OF ASSETS. The properties and assets of this non-profit corporation are irrevocably dedicated to charitable purposes. No part of the net earnings, properties or assets of this Corporation on dissolution or otherwise, shall inure to the benefit of any member, private individual, or Director of this Corporation. On liquidation or dissolution, all properties, assets and obligations shall be distributed and paid over by the Board of Directors to an organization dedicated to purposes of charitable service consistent with the purposes and mission of the Community Center, provided such organization continues to be dedicated to the exempt purposes as specified in Internal Revenue Code section 501(a)(3). ARTICLE 14. PROHIBITED ACTIVITIES Not withstanding any other provision of these bylaws, no Director, Officer, member, employee or agent of this Corporation shall take any action or carry on any activity by or on behalf of the Corporation not permitted to be taken or carried on by an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, or any successor provision or provisions thereto. ARTICLE 15. NON-PARTISAN ACTIVITIES. The Corporation has been formed for the purpose of fulfilling the mission statement described in Article II of these bylaws and it shall be non-profit and nonpartisan. No substantial part of the activities of the Corporation shall consist of the publication or dissemination of materials with the purpose of attempting to influence legislation. The Corporation shall not substantially participate or intervene in any political campaign on behalf of any candidate for public office or for or against any cause or measure being submitted to the people for a vote. The foregoing Bylaws were adopted by the Board of Directors on the day Of- , 2014. Secretary C Thursday, July 21, 2016 at3:42:25 PM Eastern Daylight Teme Subject: RE: Update and a new idea Date: Thursday, February 13, 2014 at 9:29:15 AM Eastern Standard Time From: Marty O'Boyle To: Joel Chandler Joel—WOWi Interesting stuff. In any event, I'm not sure that I understand the full import of what you are saying; and I is likely best that we discuss face to face. What time will you be down on Wednesday? Maybe we could spend some time together discussing your thoughts below, Dinner? Will you be staying with us? Let me know Martin E. O'Boyle, Commerce Group, Inc 1280 W. Newport Center Drive Deerfield Beach, FL 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561 213 3486 E-mail: moboyle@,ga merce-gro�t p com Web Page: www.commerce-grou}�.com From: Joel Chandler[mailto:joelchandler@citizensawarenessfoundatlon.org] Sent: Wednesday, February 12, 2014 10:20 PM To: Marty O'Boyle Subject: Update and a new idea Marty, Today I had a very productive meeting with Florida Senate President Don Gaetr regarding various open government issues. My wife Debbie and I meet with Don and his Senior Policy Advisor Lisa Vickers for about an hour. During our meeting Don asked me to review a number of legislative proposals that are planned to be introduced during the upcoming session. Several ofthose will, if they pass, have a significant impact on both the foundation and the firm. Cttief among those is a proposal to award fees for litigating over fees. There is also a proposal that would require annual public records training for all public employees. That alone would create a cottage industry for folks like us and Barbara Petersen. There is also a proposal to impose a daily fine if state contractors violate the the Public Records Act. My sense is that. sonic will pass and others will get stalled in committee. In any event, the Scnator was very entliusiastic about CAFI. I think we have a sympathetic ear in Tallahassee. In the morning I will be meeting with Barbara about coordinating efforts between the FAF and CAR Page 1 of 2 One idea that I am considering is offering to help with the hot-line. As it stands several dozen folks each month contact the FAF looking for a referral to an attorney in an open govenunent matter. Barbara has expressed frustration that few if any attorneys are willing to take cases on a contingency basis. Moreover, she feels slighted that those who do take cases give nothing back to the FAF. I'm thinking we can help with both of those concerns. First, I would like to offer to assist with the referral issue by gently steering cases to Jonathan. I would suggest that Jonathan join the FAF (it's a couple of hundred bucks per year) and make a modest donation if and when cases settle. Maybe 10%. That would be a lot more than they are getting now. Second, if CAFI could make a "litigation grant" to cover the filing fees it would bolster the foundations image statewide and help solidify our relationship with the FAF. Essentially, instead of the filing fees being paid by the firm in these case it would be provided as a grant by CAFI. It's all coming from the same place but it would buy a lot of love from Barbara and more importantly the Florida Society of News Editors who fund the FAF. Barbara and I are also going to discuss joint events such as seminars and panel discussions sponsored by CAFI. It won't cost much for each event and will get lots of media. My plan is to invite local political figures (e.g. Matt Gaetz - Don's son who serves in the House of Representatives), the editor of the local newspaper, some hostile attorney (who will refuse to show up) and Barbara Petersen. I plan to be back in South Florida next Wednesday night- I'll be in the office at least part of the day on Thursday and/or Friday. I have a meeting with the President of the Society of Professional Journalist on Friday night in Fort Lauderdale. We are planning to discuss using CAFI to intervene in cases where reporters are denied access to records. Hopefully that will fwmel cases to Jonathan from news outlets around the state. Any way that's the update. More cases are coming and I'm having the time of my life Best regards, Joel Chandler, Executive Director The Citizens Awareness Foundation, Inc. 1286 West Newport Center Drive Deerfield Beach, Florida 33442 (863) 660-4244 Cell Phone (888) 830-3769 Help Line JoelChandleraltl7en AwarenessFnnndatio Page 2 oft Friday, July 22, 2016 at 12:51:49 PM Eastern Daylight Time Subject: DFC link on 3/23/14 spreadsheet. Date: Monday, April 14, 2014 at 6:28:07 PM Eastern Daylight Time From: Jonathan O'Boyle To: 'Joel Chandler(Joelchandler@citizensawarenessfoundation.org)' Hey Joel the DFC link is not working. I have assigned myself the case. Any chance you got a link to that video. It was labeled as number 26 on your 3/23/14 spreadsheet. Jonathan O'Boyle, Esq. The O'Boyle Law Firm, P.C. Pennsylvania Office 1001 Broad St. Johnstown, PA 15906 Tel: 561-758-1223 Fax: 215-893-3641 joboylelaobovlelawfirm com Florida Office 1286 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3533 Fax: 954-360-0807 ioboylePobovlelawfirm com Page 1 of 1 Thursday, July 21, 2016 at 3;41:03 PIVI Eastern Daylight Time Subject: RE: New case Date: Wednesday, January 15, 2014 at 10:59:01 AM Eastern Standard Time From: Ryan Witmer To: Joel Chandler Joel - is there a good time to chat this afternoon? Ryan L Witmer, Esq. 1280 West Newport Center Drive Deerfield Beach, FL 33442 office: 954-574.6885 Cell: 717-201-3097 Fax: 954-360-0807 Mmer0rommerce erouo com --Original Message— From: Joel Chandler ailt • oel chandler(mfogwatch oMI Sent: Tuesday, January 14, 2014 8:14 PM To: Ryan Witmer Subject: Re: New case Well, that's an interesting question. In the Fall of 2012 an attorney asked me to come up with public records cases with a very specific set of facts and I was able to bring him 101 cases In the space of about six weeks. Each case had nearly perfect facts and was what I refer to as a "triple A" or a "kill -shot." What I'm trying to gauge is how many cases you guys are comfortable doing on a contingency basis If 1.) you are fronting the filing fees; 2.)the cases have perfect facts; 3.) the denials are either clearly stated in writing or video records if they are in person; 4). the plaintiff Is ideal (willing to settle or go as far as the attorneys want- no media issues, etc). We need to figure out the economics of this -who gets paid and how - and then how many cases we want to do and roll with it. The alternative to filing fees maybe creating a state not-for-proftt with no assets, income or bank account and filing for Indigent status. I am confident that we would have to litigate that issue and R would go up on appeal. Once the establishment figured out what we are trying to do they would expend enormous resources to stop us. But if we puled It off there would be no limit to the number of cases that we could file. The less conspicuous method is just to pay the filing fees and go forthe throat and get paid quickly. Joel Chandler (863)6604244 foeLchandlerapfoewat h ore www.FogWatch.org On Ian 14, 2014, at 6:27 PM, Ryan Witmeraw@mer(racomm rc aro o mm> wrote: Joel- regarding your second question below, " how many cases are your guys able to take where you're paying the filing fees?" - what do you have in mind? Ryan L Witmer, Esq. 1280 West Newport Center Drive Page 1 of 2 Deerfield Beach, FL33442 Office: 954-574.6885 Cell: 717-201-3097 Fax: 954-360.0807 RWitmerna commerce-grouo com —Original Message-- From:Joel Chandler [mallto:ioel chandl erdt{o¢w-tch orvt Sent: Sunday, January 12, 2014 4:08 PM S To: Ryan Witmer Subject: New case I have been having technical Issues with DropBox and was just now able to send you a like to the records and videos we discussed yesterday. Please confirm your access to those files, At some point I'd like to talk again with you about our work. One obvious question that comes to mind is how L many cases are your guys able to take where you're paying the filing fees? Joel Chandler (863)660.4244 Lo_e1.;handIffr@fogwitch.orF. _, www.FogWatch.org Page 2 oft Tuesday, July 26, 2016 at 11:09:39 AM Eastern Daylight Time Subject: RE: CAF! v. Miami's River of Life Date: Friday, lune 27, 2014 at 11:19:05 AM Eastern Daylight Time From: Nick Taylor To: Joel Chandler This email is to confirm our conversation today and to reiterate that all offers for settlement are made pursuant to the policies of the O'Boyle Law Firm. Nick Taylor The O'Boyle Law Firm P.C. 1286 West Newport Center Drive Deerfield Beach, FL 33442 Telephone #954-834-2209 Fax #954-360-0807 Email: ntaylor@oboyielawfirm.com From: Joel Chandler [mailto:joelchandler@citizensawarenessfoundation.org] Sent Friday, June 27, 2014 11:05 AM To: Nick Taylor Subject: CAFL v. Miami's River of Life Nick, I'm writing this email to memorialize our telephone conversation this morning. As we discussed I was contacted by the Defendant in the case referenced above. He expressed his regret in his failure to properly respond to CAFI's PRR and asked for our help In better understanding his obligations under the Public Records Ad. He also explained the dire financial condition of his organization and sald that he had instructed his attorney to offer to settle the matter for $1,500. In our conversation this morning I understood, from you, that the O'Boyle Law Firm has about $1,200 In costs and fees in the case up to this point. I also understood that you have been Instructed by Jonathan O'Boyle to demand $3,800 to settle the case. If such a demand is accepted by the Defendant that would create a windfall of about $2,600 beyond actual fees and expenses. During our telephone conversation I expressed In unequivocal terms my objections to such an arrangement Until I received a telephone call from the Defendant yesterday I was unaware that any settlement discussions were taking place with the Defendant. I did not authorize any such discussions nor did I approve in any way the demand for payments of any kind, much less the demand for payments far beyond the actual fees and expenses billed by the O'Boyle Law Firm. In sum, I understand that you were directed to make the aforementioned settlement demands by Jonathan O'Boyle, and; I have not and do not approve of such demands. Please confirm your receipt and understanding of this email. Best regards, Joel E. Chandler Executive Director Citizens Awareness Foundation, Inc. 1280 West Newport Center Drive Page 1 oft Deerfield Beach, Florida 33442 (888) 8303769 (Media Hotline) (863) 660-4244 (Cell) Www.CitlzensAwarenessFoundation.or¢ loelChandler6DCiHz nsAwarene c d ti Page 2 of 2 LIST OF CLASS MEMBERS (PRIVATE CORPORATIONS) IN PUBLIC RECORDS LAWSUITS BROUGHT SY DEFENDANT CITIZENS AWARENESS FOUNDATION INC ("CAFI") Name Style of Case, Case # & Name of County 1 3M Electronic Monitoring [Inc.] CAFI v. 3M Electronic Monitoring 512014CA003265CAAXWS Pasco 2 Abington Holdings Limited, CAR v. Abington Holdings Limited, Inc. Inc. 562014CA0016090CXXXX St. Lucie 3 ADA Engineering, Inc. CAR v. ADA Engineering, Inc. 2014 -18551 -CA -01 Miami -Dade 4 AECOM Technical Services, CAR v. AECOM Technical Services, Inc. Inc. CACE14014265 Broward 5 Albeck Gerken, Inc. CAR v. Aibeck Gerken, Inc. 292014CA007732-A001 HC Hillsborough 6 AES Engineering, Inc. CAR v. AES Engineering, Inc. 2014 -20160 -CA -01 Miami -Dade 7 AMEC Environment & CAFI v. AMEC Environment & Infrastructure, Infrastructure, Inc. Inc. CACE14014229 Broward 8 A&P Consulting CAR v. A&P Consulting Transportation Transportation Engineer Engineer 2014 -20156 -CA -01 Miami -Dade 9 ATCI Communications, Inc. Communications, Inc. FCAFACI -CA-01 e 10. Atkins North America, Inc. CAFI v. Atkins North America, Inc. 292014CA007736-A001HC Hillsborough 11 Avart Ammann & Whitney, CAFI v. Avart Ammann & Whitney, Inc. Inc. 2014 -18549 -CA -01 Miami -Dade 12 Barnes and Noble College CAFI v. Barnes and Noble College Booksellers, Booksellers, LLC LLC 292014CA007086-AO01 HC Hillsborough 13 Bayard Advertising Agency, CAFI v. Bayard Advertising Agency, Inc. Inc. 502014CA006854 Palm Beach 14 Bluefield Ranch Mitigation CAFI v. Bluefield Ranch Mitigation Bank Bank[LLC] 502014CA008791XXXXMBAF Palm Beach 15. Boro Building and Property CAFI v. Boro Building and Property Maintenance, Inc. Maintenance, Inc. 2014CA005254 NC Sarasota 16 Brannon & Gillespie, LLC CAFI v. Town of Gulfstream; and Brannon & Gillespie, LLC 5 02014 CA006112XXXXM BAG Palm Beach 17 Cape Leisure Corp. CAFI v. Cape Leisure Corp. 05 2014 CA 038359 Brevard 18. Charter Schools Associates, CAFI v. Charter Schools Associates, Inc. Inc. CACE14007518 Broward 19 Charter Schools USA, Inc. CAFI v. Charter Schools USA, Inc. CACE14013939 Broward 20 Child Welfare Training CAR v. Child Welfare Training Solutions, LLC Solutions, LLC CACE14016687 Broward 21 Coral West Adult Day Care, CAR v. Coral West Adult Day Care, Inc. Inc. 2014 -20001 -CA -01 Miami -Dade 22 Cross Environmental CAR v. Cross Environmental Services, Inc. Services, Inc. 512014CA001861CAAXWS Pasco 23 David J. Giannone, Inc, d/b/a CAR v. David J. Giannone, Inc. d/b/a Complete Complete Marine Marine CACE14010850 Broward 24 Dewberry Engineers, Inc. CAR v. Dewberry Engineers, Inc. 37 -2014 -CA -002055 Leon 25 Dragados USA, Inc. CAR v. Dragados USA, Inc. 37 -2014 -CA -002054 Leon 26 Envirospec, Inc. CAR v. Envirospec, Inc. 502014CA006655XXXXMBAH Palm Beach 27 Family Preservation Services CAR v. Family Preservation Services of of Florida, Inc. Florida, Inc. 562014CA001771 OCXXXX St. Lucie 28 Fifth Street Counseling CAR v. Fifth Street Counseling Center, Inc. Center, Inc. CACE14010621 Broward 29 First Care Home Services, CAR v. First Care Home Services, Inc. Inc. 2014 -14378 -CA -01 Miami -Dade 30. GEO Group, Inc. CAR v. GEO Group, Inc. CACE14003628 Broward 31. Hubbard Construction, Inc. CAFI v. Hubbard Construction, Inc. 482014CA008210A001OX Orange 32 IBI Group, Inc. CAFI v. IBI Group, Inc. CACE14017517 Broward 33. Johnson's Excavation & CAFI v. Johnson's Excavation & Services, Inc. Services, Inc. 292014CA007288-A001HC Hillsborough 34. JPM Management Services, CAFE v. JPM Management Services, LLC LLC 502014CA006669XXXXMBAO Palm Beach 35. Marine Exhibition Corporation CAFI v. Marine Exhibition Corporation 2014-23268-CA-01 Miami-Dade 36. Marks Brothers, Inc. CAFI v. Marks Brothers, Inc. 2014-19990-CA-01 Miami-Dade 37 Metric Engineering, Inc. CAFI v. Metric Engineering, Inc. 2014-22139-CA-01 Miami-Dade 38 Pomcor Longview, LLC Pomcor Longview, LLC 502014CA005765XXXXMBAA Palm Beach 39. Psychological Assessment CAFI v. Psychological Assessment and and Treatment Services, LLC Treatment Services, LLC 292014CA007096-A001HC Hillsborough 40. Psychological Management CAFI v. Psychological Management Group, Group, P.A. P.A. 292014CA008783-A001 HC Hillsborough 41 Ranger Construction CAFI v. Ranger Construction Industries, Inc. Industries, Inc. 502014CA009290XXXXMBAD Palm Beach 42 Robertson Consulting Group, CAR v. Robertson Consulting Group, Inc. Inc. 2014CA003252 NC Sarasota 43. Royalaire Mechanical CAR v. Royalaire Mechanical Services, Inc. Services, Inc. 522014CA006645-XXCICI Pinellas 44 Silver Seas Hotel, Inc. d/b/a CAR v. Silver Seas Hotel, Inc. d/b/a Lighthouse Lighthouse Point Yacht & Point Yacht & Racquet Club Racquet Club CACE14014228 Broward 45. Stantec Consulting, Inc. CAR v. Stantec Consulting, Inc. 2014-27013-CA-01 Miami-Dade 46. Sweetapple, Broeker & CAM v. Sweetapple, Broeker & Varkas, P.L. Varkas, P.L. 502014CA011941XXXXMBAH Palm Beach 47 Wantman Group, Inc. CAFI v. Wantman Group, Inc. 502014CA005771XXXXMBAF Palm Beach LIST OF CLASS MEMBERS (NOT -FOR -PROFITS) Name Style of Case, Case # &Name of County 1 Academie Da Vnci Charter CAFI v. Academie Da Vinci Charter School, Inc. School, Inc. 522014CA003969-XXCICI Pinellas 2 Alliance for Aging, Inc. CAR v. Alliance for Aging, Inc. 2014 -14354 -CA -01 Miami -Dade 3 Alpha Charter of Excellence, CAFI v. Alpha Charter of Excellence, Inc. Inc. 2014 -12272 -CA -01 Miami -Dade 4 Area Agency on Aging of CAR v. Area Agency on Aging of Central Central Florida, Inc. Florida, Inc. 482014CA005307A001OX Orange 5 Area Agency on Aging of CAR v. Area Agency on Aging of Palm Beach Palm Beach Treasure Coast, Treasure Coast, Inc. Inc. 502014CA006175XXXXMBAD Palm Beach 6. Aspira of Florida, Inc. CAR v. Aspira of Florida, Inc. 2014 -19988 -CA -01 Miami -Dade 7 Behavioral Choices, Inc. CAR v. Behavioral Choices, Inc. 2014CA003546-000-00 Polk 8 froward Behavioral Health CAFI v. Broward Behavioral Health Coalition, Coalition, Inc. Inc. CACE14014605 Broward 9 Cape Coral Preparatory and CAR v. Cape Coral Preparatory and Fitness Fitness Academy, Inc. Academy, Inc. 14 -CA -001301 Lee 10. Catholic Charities Diocese of CAR v. Catholic Charities Diocese of Venice, Venice, Inc. Inc. 2014CA005187 NC Sarasota 11. Chautauqua Charter School, CAR v. Chautauqua Charter School, Inc. Inc, 03 2014 CA 000597 Bay 12 Civilsury Design Group, Inc. CAR v. Civilsury Design Group, Inc. 2014CA003477-000-00 Polk 13. Excelsior Academies, Inc. CAR v. Excelsior Academies, Inc. 2014 -13439 -CA -01 Miami -Dade 14. Expressions Learning Arts CAR v. Expressions Learning Arts Academy, Academy, Inc. Inc. 012014 CA 001677 Alachua 15, Florida Atlantic University CAR v. Florida Atlantic University CACE14007126 Broward 16. Florida Family Child Care CAR v. Florida Family Child Care Home Home Association, Inc. Association, Inc. 602014CA006758XXXXMBAJ Palm Beach 17 Florida State University CAR v. Florida State University Schools, Inc. Schools, Inc. 37 -2014 -CA -001328 Leon 18. Forza Education CAR v. Forza Education Management, LLC Management, LLC d/b/a Gulf d/b/a Gulf Coast Charter Academy South Coast Charter Academy 11 2014 CA 001080 South Collier 19 Gardens School of CAFI v. Gardens School of Technology Arts, Technology Arts, Inc. Inc. 502014CA005448XXXXMBAJ Palm Beach 20 Homeless Coalition of Palm CAFI v. Homeless Coalition of Palm Beach Beach County, Inc. County, Inc. 502014CA006665XXXXMBAH Palm Beach 21 Human Services Associates, CAM v. Human Services Associates, Inc. Inc. 482014CA007601 A001OX Orange 22 Learning Gate Community CAFI v. Learning Gate Community School School 292014CA004040-A001HC Hillsborough 23 Lutheran Services Florida, CAFI v. Lutheran Services Florida, Inc. Inc. 292014CA007729-A001 HC Hillsborough 24 Manatee Glens Corporation CAFI v. Manatee Glens Corporation 41 -2014 -CA -004589 -AX Manatee 25 Marco Island Academy, a CAFI v. Marco Island Academy, a Public Public Charter High School, Charter High School, Inc. Inc. Lee 26 Mascotte Elementary School, CAFI v. Mascotte Elementary School, Inc. Inc, 2014 -CA -000944 Lake 27 Miami's River of Life, Inc. CAFI v. Miami's River of Life, Inc. 2014 -14356 -CA -01 Miami -Dade 28 New Beginnings High School, CAFI v. New Beginnings High School, Inc. Inc. 2014CA001523-0000-00 Polk 29 Northeast Florida Area CAFI v. Northeast Florida Area Agency Agency Foundation, Inc. Foundation, Inc. 16-2014-CA-003503-XXXX-MA Duval 30. Nova Southeastern CAFI v. Nova Southeastern University, Inc, University, Inc. CACE14013157 Broward 31. Palm Beach County CAFI v. Palm Beach County Substance Abuse Substance Abuse Coalition, Coalition, Inc. Inc. 502014CA009300XXXXMBAD Palm Beach 32 Phoenix Programs of Florida, CAFI v. Phoenix Programs of Florida, Inc. d/b/a Inc. d/b/a Phoenix Houses of Phoenix Houses of Florida Florida 292014CA007789-A001 HC Hillsborough 33. Ramz Academy, Inc. CAFI v. Ramz Academy, Inc. 2014-11891-CA-01 Miami-Dade 34. Rising Leaders Academy, Inc. CAFI v. Rising Leaders Academy, Inc. 03 2014 CA 000594 Bay 35. River City Education CAFI v. River City Education Organization, Inc. Organization, Inc. 16-2014-CA-003399-XXXX-MA Duval 36. Seniors First, Inc. CAFI v. Seniors First, Inc. 482014CA009163A001 OX Orange 37 Stellar Leadership Academy, CAFI v. Stellar Leadership Academy, Inc. Inc. 2014-11938-CA-01 Miami-Dade 38. Team Success a School of CAFI v. Team Success a School of Excellence, Excellence, Inc. Inc. 41-2014-CA-004592-AX Manatee 39 The Hope Foundation for CAFI v. The Hope Foundation for Autism Autism 432014CA000465CA-AXMX Martin 40 The Seaside Playgarden, Inc. CAFI v. The Seaside Playgarden, Inc. 16-2014-CA-003337 Duval 41 UCP Transitional Learning CAFI v. UCP Transitional Learning Academy Academy 482014CA004302A001OX Orange 42 Urban Oasis Project, Inc. CAR v. Urban Oasis Project, Inc. 2014 -13341 -CA -01 Miami -Dade 43. Vision of Mater Academy, Inc. CAR v. Vision of Mater Academy, Inc. 2014 -21137 -CA -01 Miami -Dade LIST OF CLASS MEMBERS (STATE AND LOCAL MUNICIPALITIES AND Name Style of Case, Case # & Name of County 1 Board of County CAR v. Board of County Commissioners Commissioners Miami -Dade Miami -Dade County County 2014 -3270 -CA -01 Miami -Dade 2 Broward County Sheriffs CAR v. Broward County Sheriff's Office, et al Office CACE14004038 Broward 3 City of Aventura CAR v. City of Aventura 2014 -12657 -CA -01 Miami -Dade 4 City of Brooksville CAR v. City of Brooksville 14001263CAAXMX Duval 5 City of Dania Beach CAR v. City of Dania Beach CACE14013189 Broward 6 City of Dunedin CAR v. City of Dunedin 522014CA006858-XXCICI Pinellas 7 City of Fernandina Beach CAR v. City of Fernandina Beach 14-CA-000214-AXYX Nassau B. City of Florida City CAR v. City of Florida City 2014 -3016 -CA -01 Miami -Dade 9 City of Madeira Beach CAR v. City of Madeira Beach 522014CA005249-XXCI C I Pinellas 10 City of Miami CAR v. City of Miami 2014 -4812 -CA -01 Miami -Dade CAR v. City of Miami 2014 -5237 -CA -01 Miami -Dade 11. City of Miami Beach CAR v. City of Miami Beach 2014 -12658 -CA -01 Miami -Dade 12 City of Tallahassee CAR v. City of Tallahassee 37 -2014 -CA -001331 Leon 13. City of Tampa CAR v. City of Tampa 292014CA005311-AO01 HC Hillsborough 14. Department of Management CAR v. Department of Management Services Services 37 -2014 -CA -000992 Leon CAFE v. Department of Management Services 2014 -4811 -CA -01 Miami -Dade 15. Duval County School Board CAR v. Duval County School Board 16-2014-CA-002695-XXXX-MA Duval 16. Florida Department of CAR v. Florida Department of Agriculture Agriculture CACE14003605 Broward CAR v. Florida Department of Agriculture CACE14003697 Broward CAR v. Florida Department of Agriculture 2014 -3703 -CA -01 Miami -Dade 17 Jacksonville Aviation Authority CAR v. Jacksonville Aviation Authority 16-2014-CA-002858-XXXX-MA Duval 18 Miami Dade County CAR v. Miami Dade County 2014 -7299 -CA -01 Miami -Dade CAR v. Miami Dade County 2014 -13602 -CA -01 Miami -Dade 19 Miami Dade School Board CAR v. Miami Dade School Board 2014 -3018 -CA -01 Miami -Dade 20 Miami Dade Water and Sewer CAR v. Miami Dade Water and Sewer Dept. Department 2014 -3078 -CA -01 Miami -Dade 21 Office of the State Attorney, CAR v. Office of the State Attorney, Fourth Fourth Judicial Circuit of Judicial Circuit of Florida Florida 16-2014-CA-002859-XXXX-MA Duval CAR v. Sarasota County 22 Sarasota County 2014CA001576 NC Sarasota 23 Sheriff of Columbia County CAR v. Mark Hunter, Sheriff of Columbia (Mark Hunter) County 122014CA000157 Columbia 24 South Florida Water CAR v. South Florida Water Management Management District District 502014CA001392XXXXMBAG Palm Beach 25 Stellar Leadership Academy, CAR v. Stellar Leadership Academy, Inc. Inc. 2014 -11938 -CA -01 Miami -Dade Tn of Cutler Bay CAR v. Town of Cutler Bay 2014 -3271 -CA -01 r27To:wn Miami -Dade of Gulfstream CAR v. Town of Gulfstream 502014CA003396XXXXMBAB Palm Beach CAR v. Town of Gulfstream; and Brannon & Gillespie, LLC 502014CA006112XXXXMBAG Palm Beach CAR v. Town of Gulfstream 502014CA00636OXXXXM BAN Palm Beach 28 Town of Lake Park CAFE v. Town of Lake Park 502014CA008117XXXXM BAD Palm Beach CAR v. Town of Lake Park 502014CA009099XXXXMBAB Palm Beach 29 Town of Miami Lakes CAR v. Town of Miami Lakes 2014 -3076 -CA -01 Miami -Dade 30. Village of Bal Harbour CAR v. Village of Val Harbour 2014 -14807 -CA -01 -W—age Miami -Dade age of Pine Crest CAR v. Village of Pine Crest 2014 -3727 -CA -01 Miami -Dade Page 1 (Pages 1-4) Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page i Page 3 1 In cr clinT anxf. Perera .nw2CIco Crazvrx, TK lNR 1 TABLE OF CONTENT S 2 GWAL fOIINTI, PIAR1pA. . z PAGE3 7 £AEE NO. r 2014-G-001839 JEFFREY MARCUS GRAY 4 4 aarrrurs caar. 5 Direct Examination 4 b Plaintiff, 6 by Mr. Wells ve. 7 --- 9 PEACrzn ACADEMIC NLTtiaAn a EXHIBITS 9 enucanGE calmer roe enLS, rm— 9 10 OitendeOC. 10 Defendant's Exhibit No. I - Complaint 100 I I I I Defendant's Exhibit No. 2 - Cert of Ins. 101 12 12 Defendant's Exhibit A - Settlement Offer 103 13 DUP09IT100 OF . FFPZY aARCGs GRAY 13 --- 14 Taken on Behalf of the oeferdant 14 CERTIFIED QUESTIONS Is OAI'L TARBar August B, 2024 15 Is TI": 2,00 M - 4:45 M 16 Certified Question No. 1 19 13 PLACE: atayaobi,wan. P.A. 17 Certified Question No. 2 31 Ea1.r. .a3322lOo Setce.1. nrid0 IIs B Certified Question No. 3 44 19 19 --- 2B 20 21 Examination of the witness liken before: 21 n Cynthia silvmrbatg. cmrt Haporter 22 27 23 24 24 u 25 Page 2 Page 4 1 2 APPEARANCES 1 JEFFREY MARCUS GRAY, 3 2 having been produced and first duly swom as a witness NICK TAYLOR ESQUIRE 3 on behalf of the Defendant herein, was examined and 4 THE OEOYLE LAW FIRM, P.C. 4 testified as follows: 5 1286 Wert Newport Center Orive 5 DIRECT EXAMINATION 6 Deerfield Bewh, Florida 33442 6 BY MR WELLS: Appearing on behalf of Plaintiff 7 Q Me Gray, would you give us the benefit of 7 8 8 your full name, please? 9 9 A My full name i6 Jeffrey Marcus Gray. S. GRtER WELLS, ESQUBtE 10 Q And how do you spell Marcus? 10 GRAYROBINSON,PA. II A M -a -r -c -ll -5. I 1 50 Nurth Laws Sheet, Suite 1100 12 Q Dkay. And Jeffrey Is I -e -t -¢f -e -y? Jacksonville, Florida 32202 13 A Correct. I2 Appearing an behalfof Defendant 14 Q Grey, G -r -e -y? 13 14 15 A G -r -a -y. ALSO PRESENT: 16 Q Have you ever given a deposition before? IS 17 A No. 16 Ms. Mary Mars 18 Q I'm sure you've had ao opportunity to talk 17 19 with Mr. Taylor, but I'm going to give you some Is --- 20 instructions that may help us save some time today. 19 21 I'll be asking you a number of questions related to 20 22 tic lawsuit you filed and some other things. Unless 21 22 23 your attorney instructs you not to answer, you should 23 24 answer all the questions. He may object from time to u25 time. But, again, unless he instructs you not to Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 5 1 sumayoushouldanswerallthequestions. Ifyou 2 would let me finish asking my questions before you 3 begin your answer and rll try to let you finish your 4 answer before I begin my next question. 5 A Understood 6 Q Give a verbal response to my questions as 7 opposed to cods or shakes of the had or hub-uhs and 8 uh-huhs. Those are kind of hard for the court 9 reporter to interpret, so yes, no or some other We 10 of verbal answer. I1 A Understood. 12 Q if at any Cure you need to take a bmak, kt 13 me know. This is not an endurance contest and 14 generally I'll probably take a break on the hour. And 15 well try to go roughly an hour and take a break and 16 then reconvene. 17 A Okay. 18 Q If you don'tknow the answer to s question, 19 obviously say you don't know. I'm not asking for 20 speculation. There may be occasions when you may say, 21 1 don't know, and 1 may ask you for your guess or 22 something, but it's unlikely in the context of this 23 cam. All right? 24 A Understood. 25 Q I know that you met briefiy,jmt a few Page 6 I minutes ago, with Mr. Taylor. Other than that 2 meeting, have you done anything else to prepare for 3 this deposition? 4 A Other than just phone calls with Mr. Taylor, 5 no. 6 Q Okay. Did you review any documents7 7 A No. I reviewed a video, a video of his. 8 Q You reviewed a video. What video did you 9 review? to A I reviewed a video where 1 submitted the I I public records request to PACE. 12 Q Mr. Taylor has provided me with a video. I 13 have not really looked at it. So I may ask you from 14 time to time questions about that video. Other than 15 that video, am there any other materials that you 16 reviewed? 17 A Other than that video, no. is Q Did you review the complaint in this case7 19 A I believe Mr. Taylor sent mean email and I 20 made a quick review of that 21 Q When would that have been? 22 A Are you speaking of the complaint; are you 23 talking about the complaint that was made against 24 PACE; is that what you're speaking oft 25 Q Pet talking about the lawsuit that was filed Page 2 (Pages 5-8) Page 7 1 against PACE. 2 A Ido not recall reviewing the complaint, no. 3 Q There wase contract amched m the 4 complaint. Did you review that contract, or any other 5 contract in preparation for this deposition? 6 A I have reviewed the contract that PACE has 7 with the State, yes. 8 Q what is your understanding of who that 9 contract is with? 10 A I believe the contract is with the I I Department of Children and Families. Is that the one 12 that it is? I believe that's the one it is. 13 Q You'll need to speak up so the court 14 reporter can bear you. You believe the contract to be 15 with the Department of Children and Family Services? 16 A Yes. 17 Q Okay. You indicated you had some phone 18 calls with Mr. Taylor and have reviewed the video — a 19 video — the video and reviewed the contract with the 20 Department of Children and Family Services. 21 A If that's who they had the contract with. 22 It's been a while back. It's been all the way back 23 since I made the request, no it's been a long time 24 since fve seen it. 25 Q Whatever contract them maybe, that's the Page e I one you believe you reviewed? 2 A Yes, yes. 3 Q When did you review that? 4 A It's been way back when the request was 5 actually made, before I went in to make the request. 6 Q You have not reviewed it since you went in 7 to make a request? 8 A No,sir. 9 Q Okay. Other than Mr. Taylor, have you 10 spoken to anyone elm about this deposition7 I 1 A Have I spoken to anyone else about this 12 deposition? i have spoken to my friend, 13 Thomas Coveaant, about this deposition and my wife. 14 Q Thomas who? 15 A Thomas Covenent And my wife. 16 Q How do you spell his lest name? 17 A Covenant, C -o -v -e -n -a -n -t l8 Q lust like the covenant Moses bad with the 19 children oflsmel? 20 A Yes, sir. 21 Q Is Mr. Covenant — you said he's your 22 friend Is he the one who was with youwhen you went 23 to PACE? 2A A Yes. 25 Q When did you last speak with Mr. Covenant? Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 9 I A This morning. 2 Q About this deposition? 3 A No. It was not about this deposition. 4 Q Did you and Mr. Covenant have any 5 conversation this morning about this deposition? 6 A Not that 1 recall, no. 7 Q Did you have any conversation this morning 8 with Mr. Covenant about what occurred when you and 9 Mr. Covenant were at PACE? 10 A This morning? 11 Q Yes. 12 A No. 13 Q When did you last have any conversation with 14 Mr. Covenant about your activities at PACE? 15 A The last time I had a conversation with 16 him? I can't specifically say when. I don't recall 17 specifically the last time. Is Q Are you (mown by any name other than by 19 Jeffrey Marcus Gray? 20 A Any other name? I am also know as Honor 21 Your Oath. I do have a YouTube channel called Honor 22 Your Oath. Yes. 23 Q I'm sorry? 24 A Honor Your Oath. 25 Q But you said something after that. Page 3 (Pages 9-12) Page 11 I A Yes. Page In I A A YouTube channel. honor Your Oath. 2 Q Is that a name you use, as like an email 3 address, or Facebook, or a blog site, or anything like 4 that? a Q 5 A A blog site. It's a YouTube channel. 6 That's what it is. 7 Q Is that name copyrighted for you? 8 A No. 9 Q Any other names that you use? 10 A No. I I Q Do you have an email? 12 A Yes. 13 Q What`s your email address? 14 A The email address is tgay9937Qa hotmail.com. Is Q T -g -a -r -y? 16 A G -r -a -y. 17 Q G -r -a -y. What does the T stand for? 18 A Teresa 19 Q That's your wife's name? 20 A Yes, sir. 21 Q Okay. Do you use any other email address or 22 any other email site? 23 A There's also tgmy9937Qcomcmt.net. That's 24 my two emails. 25 Q Does your wife also use those emails? Page 3 (Pages 9-12) Page 11 I A Yes. 2 Q Does she use them in any way in connection 3 with her employment, if she's employed? 4 A No. 5 Q So you both use both of those email 6 addresses? 7 A Yes. a Q Are those the only email addresses that you 9 use? 10 A Yes. I I Q Okay. Do you have a mobile telephone? 12 A Yes, I do. 13 Q What is that number? 14 A The number to the phone? 15 Q Yes. 16 A (904) 608-7960. 17 Q And who is the carrier for that line? t8 A AT&T. 19 Q Have you had that mobile phone number for — 20 how long? 21 A I can4 recall how long I've bad that I'm 22 not sure. 23 Q Since all of 20147 24 A Yes. 25 Q All of 2013? Page 12 I A 1 can't answer that I'm not sure. 2 Q Has AT&T been your carrier the entire time 3 you've had that particular phone number? 4 A Yes. 5 Q What is your resident address, Mr. Gray? 6 A My residence is 1904 River Lagoon Trace, 7 St. Augustine, Florida 32092. e Q How long have you lived there? 9 A I've lived there since the beginning of to 2009. it Q Were you in St Augustine — the 12 St. Augustine area prior to moving to the River Lagoon 13 address? 14 A Yes, I was. 15 Q How long have you been in St Augustine? 16 A I believe I moved to St Augustine the end 17 of 2005, the beginning of 2006. 18 Q Where were you prior to that? 19 A I was is Jacksonville. 20 Q How long had you lived in Jacksonville 21 before moving to St. Augustine? 22 A I've lived in between Jacksonville and 23 St Augustine back and forth. Pm not precisely sure 24 what data and times I've lived in either one, but 25 I've lived in the St Augustine area since probably Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 13 1 '92 or'93,just back and forth between the two. 2 Q Okay. And your wife is Teresa is that 3 T -e -r -e -s -a or T -h- — 4 A That's correct; T -e. 5 Q How long have you all been married? 6 A We've been married since 1999. 7 Q Soshe— 8 A Correct that. We've been married since 9 1998. 10 Q lfg a good thing you corrected that. I I A We had our first son in'99. 12 Q And you all have been married the entire 13 time since 1998? 14 A Yes. IS Q And I think you said you've lived in the 16 Jacksonville/St. Augustine area since 1992. 17 A Approximately, yes. 18 Q You and your wife are both Georgia natives? 19 A Yes. 20 Q Where in Georgia? 21 A I was born in Atlanta and I believe she was 22 born in Columbus, Georgia. 23 Q Are you employed? 24 A I'm not employed right now. No. 25 Q How long has it been since you were Page 14 1 employed? 2 A I worked at Winn-Dixie as a truck driver 3 from 1995 until 2013. 1 believe I left Winn-Dixie in 4 Octobcrof2013. 5 Q Why did you leave Winn-Dixie? 6 A To pursue ajoumalism activism career. 7 Q Okay. So you've not had — strike that. 8 After leaving Winn-Dixie in —you said October of 9 2013- 10 A Approximately, yes. I 1 Q —have you had any type of salaried 12 position anywhere? 13 A No. 14 Q How long were you employed by Winn-Dixie? 15 A from April of'95 until October of 2013, as 16 a truck driver. 17 Q Who was your immediate supervisor at that is Winn-Dixie? 19 A My immediate supervisor was Clay Turney. 20 Q T -u -r -n -e -y? 21 A T -u -r -n -e -y, yes. 22 Q Were you employed as a truck driver the 23 entire time from'95 to 2013? 24 A I was. 25 Q Naw when you say you left to pursue Page 4 (Pages 13-16) Page 15 I journalism and activism, can you tell me what you mean 2 by that? 3 A I contribute to a website called Photography 4 Is Not A Crime. 5 Q Called what? 6 A Photography is not a crime. 7 Q Olay. 8 A And activism, basically my main drive in my 9 activism is transparency in government, accountability 10 in government. I I Q When you say you contribute to Photography 12 Is Not A Crime, what do you contribute? 13 A l contribute video of news events. 14 Q What type of news events? 15 A News events, just stuff happening on the 16 street, specifically events where police officers are 17 behaving badly. 18 Q How do you come across these circumstances 19 of police officers behaving badly? 20 A Justyou can— youjustget your video 21 camera out and you film them in action and I just — 22 they just behave bad. They don't like to be filmed. 23 Q Haw do you know whereto go to find them? 24 A I don't know. I just stumble across them. 25 Q Just random? Page 16 1 A Yeah, yeah. If you see amp stop somebody, 2 1 document what they do. And sometimes they react 3 negatively to that. 4 Q Sometimes they what? 5 A They reset negatively to that, yeah. 6 Q What kind of negative reaction do the police 7 have? 8 A They tell you to turn the camera off and 9 tell you you can't film them, things like that. 10 Q Okay. Are those the only types of I I contributions you make to Photography Is Not A Crime? 12 A Yes. 13 Q Any other contributions? 14 A No, no, other than — no, no. 15 Q So all of your contributions to Photography 16 Is Not A Crime relate to video of police officers 17 behaving badly? 19 A Police officers, public officials, other 19 public officials; not just police officers, but public 20 officials in general. 21 Q What other public officials have you filmed 22 behaving badly? 23 A What other public officials have l filmed? 24 Let me think about that for a second. Just public 25 officials. Say when I go to submit a public records Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 9 to It 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 10 11 12 Page 17 request or something like that at the mayor's office or— there are so many different situations, the mayor's office, the Sheriffs Office, different public agencies like that when f go to submit a public records request. Q Who are the principals behind Photography Is Not A Crime? A The principles? Carlos Miller is the principle. Q Carlos Miller? A Yes, sir. Q Is Photography Not A Crime incorporated? A Is Photography Not A Crime incorporated? I'm not sure. You would have to ask Carlos about that. I'm not sure if it's incorporated or— Q Where does Carlos Miller live? A Miami. Q How did you and Mr. Miller strut doing business together? A Mr. Miller and I —I believe he came across one of my videos of a police officer that was telling me that it was illegal to film or something. I can't remember specifically, but it was generally that type of thing. He came across one of my videos where a police office was behaving badly and he published it Page 19 to Photography Is Not A Crime. Q How many contributions have you made to Photography Is Not A Crime? A I cannot recall how many. 1 dant know. Q Can you give me a ballpark; am you talking ten, or a hundred, or a thousand? A An approximate number, a ballpark number, 15 videos, stories, that he has written about Q Do you have an archive of those videos that you have contributed to Photography is Not A Crime? A I do. Q Do you get paid for those contributions? A No. 14 MR. TAYLOR: Objection. 15 BY MR WELLS: 16 Q You also indicated that you am involved in 17 activism related to transparency in government 18 A Correct. 19 Q Tell me what you mean by that 20 A Transparency in government, basically what 21 it boils down to is the right to film public officials 22 while they're performing their official duties; public 23 records access, to be able to access public records, 24 like with the public entities, to make sure that they 25 are upholding our right to access public records, our Page 5 (Pages 17-20) Page 19 I right to know. That's the two main things of it. 2 (The following question was certified) 3 BY MR. WELLS: 4 Q Do you receive any income from either your 5 journalistic events with Photography Is Not A Crime, 6 or your mission of Transparency In Government? 7 MR TAYLOR: Objection. Irrelevant 8 BY MR. WELLS: 9 Q You can answer. 10 A I believe that is irrelevant. I t Q With all due respect, that's not your call, 12 Mr. Gory. 13 MR. TAYLOR: If he feels that it's 14 irrelevant, that's his answer. He's certainly 15 free to answer the question. You may not get the 16 answer that you want, but if he feels that's 17 irrelevant— Is MR WELLS: Mr. Taylor, how many depositions 19 have you been involved in? 20 MR TAYLOR: I think that's irrelevant too. 21 It doesn't matter how many I've been involved 22 In 23 MR. WELLS: Certify the question. 24 And be advised that if thcjudge overrules 25 the objection one of you will pay the cost of Page 20 1 this deposition. Okay? 2 MR. TAYLOR: That's not necessarily — the 3 judge makes that determination. Carry on 4 BY MR. WELLS: 5 Q Have you filed income tax returns for the 6 last — since 20007 7 A Yes. a Q Is your wife employed outside the home? 9 MR TAYLOR: Objection. Irrelevant. 10 THE WITNESS: I believe that's irrelevant. I I I don't see how drat has anything to do with the 12 case. 13 BY MR WELLS: 14 Q One more time, Mr. Gray, flint's not your 15 call nor your attomey's. If he's instructing you not 16 to answer, that's different, but then he beats the 17 burden of that instruction. Is MR WELLS: Are you instructing him not to 19 answer? 20 MR TAYLOR: I made my objection and he's z I made his call on that; hes chosen not to 22 answer. I can't make him give you the answer 23 that you want. If you're asking again, I would 24 object to it as asked and answered. 25 MIL WELLS: Mr. Taylor, may I make a Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Is 16 17 is 19 20 21 22 23 I 2 3 4 5 6 7 8 9 10 11 12 13 14 Is 16 17 Is 19 21 22 23 24 25 Page 21 suggestion that you call one of your partners and ask diem if the way you're proceeding is the appropriate way to proceed? 1 don't want to disrupt the deposition. I don't want to terminate it, but Pro not going to go through the deposition and have you all answer it's not relevant. MR TAYLOR: I'm simply making an objection for the record. MR. WELLS: You need to instruct your client to answer the question unless you're instructing him not to. MR. TAYLOR: He's answered your question. I can't — I don't know what you want me to do. MR. WELLS: I want you to tell him to give the factual information that I'm asking unless you tell him not to answer. MR. TAYLOR Pm not telling him not to answer. He's answered your question. Ican't make him give you the answer that you want him to give you. I cant do that. That would essentially be me testifying. Pm rot the one being deposed here. I mean, if you disagree, you're free to go to Court and get a motion, you know, to compel, but — I mean, Pm perplexed at Page 22 what you want me to do. I cant make him give you the answer that you want He's answered the question the way be's answered it. MR WELLS: For the record, we arc attempting to reach Judge Norton to obtain a ruling on the declination of Mr. Gray to answer certain questions. (Phone call was placed to Judge Norton.) THE COURT: Hello. MR WELLS: Judge Norton. THE COURT: How are you? MR WELLS: I'm fine. Thank you. How are you? THE COURT: I'm good. I have Mr. Wells and Mr. Taylor on the phone? MR. WELLS: Yes, you do. THE COURT: Just to let you all know, I pulled the case up and mad — skimmed super fast the complaint and the answer. I guess this is a public records case or a Chapter 119? MR. TAYLOR: Tbat's correct MR. WELLS: That's correct, Your Honor. THE COURT: Are y'all in the deposition, 1 understand, right now? MR. TAYLOR: Yes, ma'am. Page 6 (Pages 21-24) Page 23 1 MRL WELLS: Weare. Your Honor, on behalf 2 of the Defendant, Practice Academie Cultural 3 Education Center for Girls — we call PACE —1 4 am deposing the Plaintiff, Mr. Gray. 5 We really have just gotten started and 1 6 started asking questions about his sources of 7 income or whether be has received income from 8 certain sources. And I also asked a question 9 about whether his wife is employed outside the 10 home. And Mr. Taylor objected on the basis of I I relevance, not on the basis of form. Whereupon, 12 Mr. Gray testified that he did not believe the 13 questions were relevant and would decline to 14 answer. 15 THE COURT: All right. 16 MR. WELLS: And its our position that in a 17 deposition relevance is not an issue. So before I8 we — before I go much further and encounter 19 further similar objections, I thought it might be 20 best to get a ruling from the Court 21 THE COURT: And Mr. Taylor, what would your 22 response to Mr. Wells be? 23 MR. TAYLOR: My response, Your Honor, is 1 24 trade my objection based on relevance. As you 25 know, the point of a deposition is to get Page 24 1 essentially all information or all discovery that 2 might lead to discoverable or admissible 3 evidence. I objected based on the fact that we 4 feel that's irrelevant, how much, if anything, is 5 made for arty public records request. It's a 6 constitutional right ICs obviously guaranteed 7 in our constitution, its a right per Chapter 8 119. 9 Mr. Gray has, in his opinion, answered that 10 its irrelevant. As you know, I guess — I mean, 1 I I can't instruct him to give a certain answer if 12 there is an objection. He does have to answer, 13 yes. It's undisputed, Your Honor. But I can't 14 Instruct him to give a specific answer; I can 15 only instruct him that he has to answer the 16 question. Even if I do object, to instruct him 17 to give a speck answer would be improper and I8 it essentially would be my testimony instead of 19 his. So that's my position, is that it's 20 improper. 21 THE COURT: I'm a little confused By no 22 means am I going to order a witness to answer a 23 question in a certain way because obviously, you 24 know, discovery is a seek for the truth, to 25 obtain information. So I have absolutely no Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 25 I interest in instructing Mr. Gray to answer— and 2 I'm having a hard time hearing you too, sir, but 3 I just want to let you know by no means am I 4 planning to tell Mr. Gray, Hey, you have to 5 answer this question in a certain way. And 6 that's why I'm a little confused, sir, by your 7 response. 8 MR. TAYLOR: By —1'm sorry. By my 9 response, Your Honor? 10 THE COURT: You seem to be under the I I impression — I mean, obviously them's a 12 dilferece between saying to Mr. Gray, Please 13 answer the question for Mr. Wells versus — maybe 14 rm not understanding you, but you went into this IS dissertation about how I can't control what the 16 witness says. And that's where Pm confused 17 because I don't think anyone is trying to get you 18 to tell Mr. Gray what to say. I think the issue 19 is: Does Mr. Gray have to truthfully answer the 20 question? Nnjust a little contused, sir, by 21 what you're saying. 22 MR. TAYLOR: What I'm essentially saying, '.23 Your Honor-- and I'm sorry for die confusion — 24 THE COURT: That's okay. 25 MR- TAYLOR: -- but what I'm saying is that Page 26 I I made my objection and — I objected and 2 Mr. Gray did answer the question, but he feels 3 that -- 4 THE COURT: Who is he? 5 MR. TAYLOR: Mr. Gray, my client Mr. Gray 6 feels that his answer — this is not 7 verbatim -- but he's saying that's not relevant 8 and 1 choose not to answer that question. And 1 9 gums the issue hem is whether that is an 10 appropriate response by Mr. Gray under the II circumstances. 12 THE COURT: Well, Mr. Gray, is Mr. Gray a 13 member of the Florida Bar? 14 MR TAYLOR: He is not Is THE COURT: And you are his counsel of 16 record? 17 MR. TAYLOR: That is correct. f 8 THE COURT: Let me just tell you how I look 19 at discovery. I think that Mr. Wells has — 1 20 would agree with him on this issue of relevancy 21 at this point Obviously, I'll reserve for 22 another day to determine if this line of 23 questions — if that type of information would he 24 admissible at trial because obviously things that 25 can be discovered that ultimately the judge may Page 7 (Pages 25-25) Page 27 I make the determination may not be appropriate to 2 be admitted in front of either myself or a bench 3 trial or in front of a jury at some point 4 Now I am a little concerned that Mr. Gray 5 is, you know, taking on a quasi legal role here 6 in objecting. I mean, that's obviously 7 inappropriate. Do you believe we need to get a Mr. Gray in here for part of this dialogue so 9 hell understand what the Judge's rulings is, or 10 do you think, Mr. Taylor, you can appropriately I I communicate that to him? 12 MR. TAYLOR: i was going to say Mr. Gray is 13 right hem. 14 THE COURT: Oh, I didn't know he was them. Is Hi, Mr. Gray. I didn't know you were there. I'm 16 Judge Norton. I hope you're having a good day. 17 THE WITNESS: Hi, Judge, flow are you? Ito 18 having a good day. 19 THE COURT: I'm good; I'm good. Sc what I 20 just need to do, Mr. Gray, you've heard my 21 ruling. I'm glad you were in there. And 1 22 just — from what— you know, if at some 23 point —1'm going to be here all afternoon — if 24 at some point there's another line of questioning 25 that you find inappropriate, Pm happy to talk to Page 25 I everyone. But right now, those are fair 2 questions. And then ultimately I will make the 3 decision later whether or not they're 4 admissible. But Mr. Gray, from the questions 5 that Mr. Wells has told me, sir, you do need to 6 answer those questions, please. All right? 7 THE WITNESS: Okay. Understood. 8 THE COURT: I'll be here all afternoon. 9 This is myjob, to handle things like this, so 10 give me a call if you need me. Okay! II THE WITNESS: Okay. Thank you. 12 MR- WELLS: Thank you very much, Your 13 Honor. 14 THE COURT: Have a great day. I'm going to 15 hang up. Bye-bye. 16 (Phone call ended.) 17 BY MR. WELLS: 18 Q Mn Gray, given Judge Norton's rulings, let 19 me pose the question one more time. From your 20 activities with Photography Is Not A Crime and your 21 activities seeking Transparency In Government, have 22 you derived any income? 23 A I have not derived any income from 24 Photography Is Not A Crime. I have derived income 25 from my YouTube channel. Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 29 1 Q From what? 2 A YouTube channel. 3 Q Honor Your Oath? 4 A Comet. 5 Q Have you derived any income fmm any of the 6 activities in seeking public rccords7 7 A Have I derived any income from - no. 8 Q Your YouTubc site, Honor Your Oath -- 9 A Yes, air. 10 Q - how do you derive income fmm that? I I A Through monetization of the videos. 12 Q Do you sell those; do people access them; do 13 they pay a fee? 14 A When you monetize a video on YouTube, what 15 you do is, when you publish it, you can click on the 16 selection that gives you the opportunity to monetize 17 videos. I click on that and ask YouTube to monetize IS it for me. If they approve the video for 19 monetization, what they do is they overlay ads on the 20 videos. And then you get a percentage per view of the 21 ads. 22 Q So when somebody clicks on that YouTube 23 site, if you will, and YouTube is running ads for each 24 person who views that site, YouTube sends you a 25 percentage — or some money? Page 30 1 A Per views, yes. It's a certain 2 percentage — Pm not sure exactly what the percentage 3 is — per view. 4 Q And you've been doing that since October of 5 2013? 6 A No. Ivebeen doing that—I can't recall 7 exactly when I started monetizing videos. Sometime in 8 2013 is when I started monetizing them 9 Q My question was poor and I apologize. That 10 has been your sole source of income since October of 11 2013? 12 A My sole source of income since October of 13 20137 No. 14 Q What other sources ofincome have you had 15 since you left Winn-DWe? 16 A When I lett Winn-Dixie, I cashed in my 17 401(k) and I lived off that for awhile. And I also, 18 through public records requests, I do receive 19 settlements. 20 Q You receive settlements? 21 A Yes. 22 Q From whom? 23 A Whatever vendor that I sue. 24 Q Whatever vendor you sue? 25 A Yes. Page B (Pages 29-32) Page 31 I Q Are the settlements paid to you, or are they 2 paid to your attorneys and then from the attorneys to 3 you? 4 A They am paid to the attorneys and then to 5 me. 6 Q Okay. Is that - are those settlements a 7 percentage of what the attorneys get? 8 MR TAYLOR: I would have to object to 9 that. That has to do with our -any fee 10 agreements that we have and that's I I attorney/client privilege. So I have to instruct 12 him - 13 MR. WELLS: You're seeking attomeys'fees 14 in this case, so it's not privileged l5 MR TAYLOR: But you'm talking about fres 16 in the past. There's been no settlement here. 17 So, again, you're asking him whether there was a Is settlement in the past and the percentage that - 19 MR. WELLS: No. I'm asking if his source of 20 income Fmm these settlements is a percentage. 21 He's already said that the fees come from you. 22 (The following question was certified.) 23 BY MR. WELLS: 24 Q Do the -the complaint that you filed in 25 this case against PACE does not seek damages; it only Page 32 I seeks attorneys' fees. Do you get - in these 2 lawsuits that you filed, do you get a portion of the 3 attorneys' fees that are paid to your attorneys? 4 MR. TAYLOR Again, I would have to object. 5 That has to do with our fee agreements. That's 6 attomey/client privilege. 7 MR WELLS: Am you insvucting him on that 8 one? 9 MR. TAYLOR I am on that one. Yes. 10 MR WELLS: Certify the question, if you I would. 12 BY MR. WELLS: 13 Q I had also asked you ifyourwife was 14 employed outside the home. 15 A Are you saying is she employed outside the 16 home? 17 Q Yes. 18 A No. 19 Q Does she work in the home other than in her 20 role as a wife and mother? 21 A She sells items on Ebay. Other than that, 22 no. 23 Q Okay. Is she involved in anyway in your 24 contributions to Photography is Not A Crime or your 25 Transparency In Government activities? Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 33 I A No. Other than just being my wife and 2 supporting me, no. 3 Q Docs she ever accompany you on any trip you 4 make to request public records? 5 A Not that I recall. 6 Q Was them anything in your employment with 7 Winn-Dixie that caused you to leave as opposed to your 8 wanting to make contributions to Photography Is Not A 9 Crime and Transparency In Government? 10 A I'm not sure what you mean by that 11 Q Did you have any issues on thejob, any 12 issues with your supervisor, any complaints about your 13 work at Winn-Dixie? 14 A No. I left on good terms. 15 Q Sir? 16 A I left on good terms. 17 Q Again, my question is: Did you have any I B issues at work? You may have left on good temis, but 19 did you have problems on the job in any way? 20 A No. 21 Q You've mentioned that you randomly find 22 police officers behaving badly. Haveyoueverbeen 23 arrested? 24 A I've been arrested twice. 25 Q Where? Page 34 1 A I was arrested in Brevard County and 1 was 2 arrested in Bradford County. I believe that's where 3 Lawtey is. I was arrested by the Lawley Police 4 Department. 5 Q Have you ever been convicted of any crime — 6 A No. 7 Q — other than minor traffic offenses? 8 A No. 9 Q Were the arrests in Brevard County and in to Lawtey related to your filming police officers? I I A Yes, they were. 12 Q Was the filming of your own arrest posted or 13 sent to whatever — Photography Is Not A Crime? 14 A It was — I post my videos on YouTube. And 15 if Carlos Miller is interested in the videns, he'll 16 contact me and ask me if he can publish them on 17 Photography Is Not A Crime, so hejust gets the link Is off the YouTube. 19 Q Do you know Mr. Miller's address? 20 A I don't know his address off the top of my 21 head. 22 Q Do you know an email address for him off the 23 top of your head? 24 A No. I have it on my phone. I can get it 25 off my phone. Page 9 (Pages 33-36) Page 35 I Q Ifyou don't mind. 2 A It is carlosmiller — all one word — 3 c-a-r-l-o-s-m-i-14-e-r@magiccity. It's 4 Qo magiccitymedia. 5 Q Magiccitya@magiccitymedia? 6 A Yes. 7 Q Thank you. Okay. Mr. Gray, in addition to 8 the lawsuit you have filed against my client, 9 Practical Academic Cultural Education Center for 10 Girls, Inc. -- is it okay with you if we refer to that I I as PACE — I2 A Yes. 13 Q — so that throughout the deposition, if I 14 refer to PACE, you'll know I'm referring to that 15 entity, okay? 16 A Understood. 17 Q In addition to your lawsuit against PACE, IS have you filed suits against any other entities 19 related to your transparency in government mission? 20 MR TAYLOR: Objection to form. 21 THE WITNESS: Yes, I have. 22 BY MR WELLS: 23 Q Do you know how many? 24 A I don't recall how many, no, not off the top 25 ofmy head. Page 36 1 Q Can you give an estimate somewhere; is it 2 10,20.30,40? 3 A Anestimate,30. 4 Q Okay. Do you recall the date — approximate 5 date of due fust one that was filed in your name? 6 A Do r recall the approximate date of the 7 first one that was filed in my name? No, I don't. e Q To your knowledge, have all of the 9 approximate 30 lawsuits that you have filed been filed 10 in calcndaryear2014? 11 A Yes. 12 Q Can you tell me approximately how many you 13 have filed in Duval County? 14 A Approximately in Duval County? 15 Approximately eight I don't have that information in 16 front ofine. 17 Q You reside in St. Johns County. Have you IB filed any there? 19 A In St. Johns County? No. 20 Q Can you tell me what other counties besides 21 Duval you have filed lawsuits in? 22 A Ones that — let's sa. I know that I've 23 filed in Duval. I know that I've filed in Broward 24 County. No; 1 can't recall off the top of my head. 25 Q You say you filed in Duval and you think you Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 37 I filed in Broward? 2 A Yes. 3 Q Do you know ifyou fled any in Flugler 4 County immediately south of St. Johns? 5 A I'm not sure. Tm not sum which ones 1 6 filed. 1 would have to access my information. 1 7 don't have that with me, my files. 8 Q Okay. Are the lawsuits that you have 9 filed - approximately 30, all in calendar year 10 2014 - based on your personal visit to offices where I I requests for public records are made? 12 A Yes. 13 Q So all of the lawsuits you filed involve 14 requests for public records? 15 A Yes. 16 Q Other than public records lawsuits, have you 17 filed any other lawsuits in the calendar year 20147 18 A Not that I recall, no. 19 Q Have you been involved in any lawsuits at 20 any time in the lust ten years other than the public 21 records lawsuits that you've identified? 22 A No. 23 Q Now you indicated earlier that the contract 24 that you had reviewed in connection with PACE you 25 believe was from die Department of Children and Family page 38 1 Services or something like that. Do you know how many 2 ofyour lawsuits involve that particular agency? 3 A Not that I recall, not specifically; no, not 4 off the top of my head. 5 Q Do you know the names of any outer agencies 6 who had contracts with entities, such as PACE or other 7 entities, which formed the basis of your lawsuits? 8 A You're speaking agencies, the state 9 agencies? 10 Q Yes. 11 A Ifiled with agencies ofFDOT, Departmentof 12 Children and Families, Department of Health. 13 Q Okay. 14 A Tbat's the ones 1 can think of right now 15 that f filed. 16 Q Okay. Let me go back a moment Your 17 decision to leave Winn-Dixie and to get involved in 18 journalism, with Photography is Not A Crime and 19 transparency in government, was there some type of 20 event or circumstance that led you to do that, 21 something that happened to you or that happened to 22 someone else that you wen close to? 23 A No. Just the passion that I have for the 24 activism that I'm pursuing, the accountability of 25 government. Page 10 (Pages 37-40) Page 39 I Q Okay. It's just something thatjust 2 developed naturally? 3 A Yeah. Civil rights, access to public 4 records and transparency in government, the right to 5 film government officials. 6 Q I guess perhaps another way to ask it is: 7 Were you attempting to either obtain a public record 8 or film a government official and you were restricted 9 in some fashion and that led you to want to do this on to a full-time basis? I I MR. TAYLOR: Objection. Asked and answered. 12 THE WITNESS: I'm sorry. 13 MR. TAYLOR: My objection was asked and 14 answered. is THE WITNESS: There was no specific event, 16 no. Just like I said, its just general - you 17 know, the right to know what's going on in I8 government, the right to film government 19 officials doing theirjobs and transparency and 20 accountability, where the money is going, what's 21 going on with it. 22 BY MR. WELLS: 23 Q Were you involved in those activities prior 24 to your departure from Winn-Dixie? 25 A Yes. Page 40 1 Q For how long? 2 A I started my YouTube channel in 2011. And 3 that's about how long, since about 2011, so my 4 activities started roughly the same time that my 5 YouTube channel stared, 2011. I believe it was 6 January of 2011. 7 Q And your YouTubc channel is Honor Your Oath? 8 A That's correct. 9 Q And you can think of no event or 10 circumstance that led you to start that other than 11 your interest in government responsbility7 12 MR TAYLOR: Again, objection. Asked and 13 answered. 14 THE WITNESS: Yes. 15 BY MR- WELLS: 16 Q Pardon me? 17 A Yeah. Justgeneral. 19 Q I've asked you about a number of lawsuits. 19 Is Mr. Gray- Mr. Taylors firm representing you in 20 all of those lawsuits? 21 A No. 22 Q Of the approximately 30 that you think you 23 rosy have filed, how many is his law firm involved in? 24 A Approximately - approximately 25 to 30, 25 Q How many other law funis aro representing Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 41 1 you in your public records litigatiau7 2 A One other law firm is representing me. 3 Q And who would that be? 4 A That would the Abraham Shakfeh Law Firm. 5 Q Where is he located, or that law firm — is 6 that one name? 7 A Abraham is his first name. Shakfeh is his 8 last name. 9 Q Abraham Shakfeh is the name of an 10 individual? II A Correct, 12 Q Can you spell Shakfeh for this lady? 13 A lust a second. Shakveeh (sic) is spelled 14 S -h -a -k -v -c -e -h. 15 Q S -h -a -k -v- — 16 A E -e -h. 17 Q Okay. Thank you. Other than Mr. Taylor, is 18 them anybody in the O'Boyle Low Firm that is working 19 with you on any of these cases? 20 A Yes. 21 Q Who would that bel 22 A Giovanni Mason, 23 Q Did you approach the O'Boyle Firm to 24 represent you, or did they approach you? 25 A 1 approached them. Page 41 1 Q How did you know about the O'Boyle Law Firm? 2 A How did I know about the O'Boyle Law Firm? 3 Though a friend of mine. 4 Q Who is that? 5 A Joel Chandler. 6 Q How do you know Joel Chandler? 7 A Joel Chandler is a good friend of mine. He 8 is equally passionate about open government, open 9 records transparency. 10 Q I apologize. Did you give me the name of I I somebody else in the O'Boyle Law Firm? 12 A Giovanni Mason. 13 Q Okay. You did. I'm sorry. Do you know, 14 between Mr. Taylor and Mr. Mason, how many lawsuits 15 they are representing you on; how many is Mr. Taylor 16 repmsenting you and how many Mr. Mason is 17 representing you? 18 A I do not I don't know specifically. 19 Q Do you request a specific attorney? 20 A No, I do not. 21 Q Who else in the O'Boyle Law Firm have you 22 communicated with? 23 A Who else in the — the receptionist, 24 Beth Kanaly; Nick Taylor, Giovanni Mason; Bill Rayne 25 (phonetic). Page 11 (Pages 41-44) Page 43 I Q You said Rayne. Is that Ring? 2 A Rayne. I'm not sure haw to spell his last 3 name. Bill Rayne. 4 Q Anyone else? 5 A There ate, but I can't recall their names, 6 Q Have you been to the offices of the OBoyle 7 Law Finn? 8 A I have. 9 Q Howmanytimes? 10 A Three, maybe four times. I t Q In your lawsuit that you filed against PACE, 12 one of the claims you're making is for attorneys, 13 fees. You've indicated earlier that you get same 14 income from the settlements. Do you know of any of 15 the lawsuits filed on your behalf in which you have 16 sought damages for yourself other than through n attorneys'fees? Is A Yes. 19 Q Which ones? 20 A I can't recall specifically which ones off 21 the top of my head. I'm not sure which ones; I'm not 22 sure. I would have to have my files in front of me to Z3 be able to see that. 24 Q Okay. So you have a file with all of die 25 lawsuits in them? Page 44 I A Yes, yes. 2 Q You maintain that file in St. Augustine? 3 A Ido. 4 Q And so you believe that in that file you 5 have a copy of each complaint in which you have sought 6 damages for yourself that's set forth in those 7 complaints? 8 A Yes. Ibelieve so. 9 Q Okay. Do you have a written fee agreement 10 with the O'Boyle Law Firm and Mr. Shakfeh? I I A I have a written fee agreement with Shakfeh 12 and Ido with — yes — O'Boyle. 13 Q Is that for each lawsuit, oris thatjust a 14 standard fee agreement? 15 A his a standard fee agreement 16 Q So you don't have approximately 30 different 17 fee agreements with them? 18 A No. 19 (The following question was certified.) 20 BY MR. WELLS: 21 Q Is your arrangement with your attorneys on 22 an hourly basis? 23 MR TAYLOR-- I would object to that 24 Whether it is or not, that's atmmey/client 25 privilege. It has to do with our fee agreement Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 45 I with Mr. Gray. 2 MR. WELLS: Mr. Taylor, you're seeking 3 attorneys'fees in this case. And in order to 4 prove any attomeys' fees, you're going to have 5 to prove how you get them. So if you want to 6 object now and instruct him not to answer, that's 7 fine, but we will then object to your seeking 8 attorneys' fees in the unlikely event you prevail 9 in this case. to MR. TAYLOR: The attomeys' fees are I I provided for by Chapter I t9. But that aside, 12 yes; I am instructing my client not to answer 13 based on the fact we object based on 14 attomey/client privilege. 15 MR. WELLS: Okay. Would you certify that 16 question? 17 BY MR WELLS: 18 Q In connection with—strike that. Of the 19 approximately 30 lawsuits that you have filed, you've 20 indicated this is the first deposition you've ever 21 given. 22 A That's correct. 23 Q So do I assume from that that you have not 24 given a deposition in any of those other cases? 25 A No, 1 have not Page 46 1 Q Have any of those other cases gone to trial? 2 A No. 3 Q Of the approximately 30 cases that have been 4 filed on your behalf, can you tell me approximately 5 how many of them have settled? 6 A Approximately how many of them settled? 7 Approximately -- I'd say about six — between six and 8 eight have settled. 9 Q In Duval County, can you tell me-- I think 10 you said approximately eight have been filed here. 11 Can you tell me how many in Duval County have settled? 12 A Duval County? Two. 13 Q Okay. Does your—strike that In 14 commotion with any of the lawsuits that you have 15 filed in which the O'Boyle Firm has represented you, 16 have you made payment for attomeys' fees to the firm? 17 A No. t8 Q Of those cases that have settled, can you 19 tell me how many of them involve claims by you for 20 damages other than for attorneys' fees? 21 A I m sorry. 22 Q Of those cases you believe have settled, can 23 you tell how many of tbem settled with a payment of 24 damages to you as opposed to a settlement based on 25 attomeys' fees? Page 12 (Pages 45-48) Page 47 I A I don't recall specifically, no. 2 Q In counection with your activities and 3 seeking public records from different entifies, aside 4 from whatever payments you may get out of the 5 settlements, do you get reimbursed for any expenses? 6 A No. 7 Q You don'tget mileage or airfare — 8 A No. 9 Q — or anything hike that? How an the 10 payments that you get from the settlements — strike I I that How do you document payments you get from these 12 settlements? 13 A How do I document? 14 Q Yes, sr. Do you have Quickbooks; do you 15 have any kind of a journal; do you have a ledger that 16 you maintain records of whatever you receive? 17 A My reconfkeeping is pretty sloppy, to be 18 honest with you. I have a folder at home where 1 keep 19 the check and Ijust write down which vendor Ruled 20 and I put it in a folder. 21 Q Okay. Are your activities in seeking public 22 records Gam different agencies — and 1 think you 23 used the word vendors — do you work with someanO 24 You mentioned Mr. Covenant. Is there anybody else 25 other than Mr. Covenant that you worked with when Page 4a I you — 2 A What you do mean by work with? 3 Q Whenyou go to an agency or to a vendor, are 4 you always accompanied by someone? 5 A Not always, no. 6 Q What percentage of the cases that you've 7 been involved in have you been accompanied by someonc7 8 A A percentage7 I would say the majority of 9 the eases that fvc been involved in someone is 10 usually with me. 1 I Q Okay. Of those in which you have been 12 accompanied, how many of those have been Mr. Covenant? 13 A I dolt know. I haven't kept track of thaL 14 Q Where does Mr. Covenant live? 15 A He lives in Jacksonville. 16 Q Do you know his address? 17 A ht's one of those things f know where he 18 lives, but I don't know his street address. No, sir, 19 1 do noL 20 Q Is there anyone in the Jacksonville am, 21 other than Mr. Covenant who has accompanied you on 22 any of your trips in which you have requested public 23 recards7 24 A In the Jacksonville area? Not that 1 25 recall. Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 49 1 Q Can you give me the name of anyone else in 2 any other area who has accompanied you on your trips 3 for requests for public records? 4 A In any other arca? Joel Chandler, 5 Carlos Miller. 6 Q Okay. Where does Mr. Chandler Eve? 7 A Mr. Chandler lives in Lakeland, Florida. 8 Q To your knowledge, do individuals like 9 Mister-- strike that On any of the public records to requests that you have been on, has the interaction 1 I with the government agency or vendor been by you 12 primarily, or are there occasions in which 13 Mr. Covenant or Mr. Chandler or Mr. Miller has 14 actually made some public records requests? 15 A The majority of the time, it is usually 16 myself or Joel Chandler. I believe Mr. Covenant has 17 requested records — Fm not sure how many times — 18 but it's usually Mr. Chandler or me that does the 19 public records request 20 Q Has Mr. Chandler been involved in any public 21 records requests in Duval County? 22 A Yes. 23 Q Which one? 24 A I'm not for sure. You mean with me? 25 Q Yes, with you. Page 50 I A Which one? I would have to access my 2 records to see which ones. He was not with me with 3 PACE. 4 Q What kind ofrecords do you maintain that 5 would show you whether Mr. Chandler was with you on 6 any given occasion, or Mr. Covenant, or Mr. Miller? 7 A Well, the videos show whether he was with me 8 or not. 9 Q Videos, multiple? 10 A Yes. 1 I Q Do you video each request you make? 12 A Ido. 13 Q Do you know if on those occasions in which 14 Mr. Covenant accompanies you but does not — is not 15 the one who actually makes the request, does 16 Mr. Covenant get some type of compensation for his 17 work? 18 A No. 19 Q Do you know ifany lawsuits have bun filed 20 in Mr. Covenant's frame? 21 A I do noL No. 22 Q Do you know if any lawsuits have been filed 23 in Mr. Miller's name? 24 A Mr. Miller's name regarding public records 25 specifically? Page 13 (Pages 49-52) Page 51 I Q Yes. 2 A I do noL 3 Q Do you know if Mr. Chandler has been the 4 plaintiff in any cases of public records in which the 5 O'Boyle firm is representing him? 6 A i believe he has. Yes. 7 Q Speaking of Mr. Chandler, are you familiar 8 with the Citizens Awareness Foundation? 9 A Yes. 10 Q Okay. Do you play any role in the Citizens 11 Awareness Foundation? 12 A No. 13 Q You're not employed by the Citizens 14 Awareness Foundation? 15 A No. 16 Q You're not on the board of directors? 17 A No. 18 Q You're not a founder of Citizens Awareness? 19 A No. 20 Q You don't receive my compensation from 21 Citizens Awareness? Z A No. 23 Q Is Mr. Chandler involved with Citizens 24 Awareness? 25 A I believe Mr. Chandler has resigned from Page 52 1 Citizens Awareness. 2 Q What did he resign from; was he employed by 3 Citizens Awareness or — 4 A l believe he was employed, yes. 5 Q Do you know where the offices of Citizens 6 Awareness is? 7 A I do not. a Q Sir? 9 A Somewhere in Miami, I believe, Deerfield or ,0 Miami. I I Q Have you ever been to those offices? 12 A No. I have not been to Citizens Awareness 13 offices, no. 14 Q I apologize. I'm old. My sight's good, but 15 myhearing's notvay good. Ifyoucculdspeakup 16 just a little bit 17 A 1 have not been to Citizens Awareness 18 offices as far as I know ualesa... 19 Q But you have bun to the offices of the 20 O'Boyle Law Firm? 21 A Right 22 Q Do you know who founded Citizens Awareness? 23 A The founder of Citizens Awareness? 24 A No. 25 Q Do you know anybody who does serve on the Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 53 I board ofdimcters of Citizens Awareness? 2 A Do 1 know anybody who serves co the board of 3 directors of Citizens Awareness? I dont know who the 4 board of directors are for Citizens Awareness. 5 Q And you currently have no agreements that 6 you're aware of with Citizens Awareness Foundaticn7 7 A No, no. 8 Q Have you ever had any type of agmemcat or 9 formal relationship with Citizens Awareness? 10 A No. 11 MR. WELLS: We'll take about a 10-minum 12 break. 13 (Brief break.) 14 BY MR. WELLS: 15 Q I meant to ask you, Mr. Gray — you 16 indicated you were introduced to the O'Boyle Firm by 17 Mr. Chandler. 18 A Uh-huh. 19 Q How did you meet Mr. Chandler? 20 A I met Mr. Chandler at Firehouse Subs on 21 Beach Boulevard. We had — I had admired his work 22 with FOG Watch, Florida Open Government Watch. 23 Contacted him by email. He was in Jacksonville 24 visiting his brother, I believe is what it was. And 25 he admired my work and what I did on YouTube, so we Page 54 t met at Firehouse Subs and had lunch. 2 Q When? 3 A When? About— fmjust not sum exactly 4 when it was, but it was 2013, around June of 2013 or 5 so. 6 Q Okay. Did Mr. Chandler ever suggest to you 7 that you leave Wimt-Dixie and take up Photography Is e Not A Crime and transparency in government — 9 A No. to Q — as full-time •- I1 A No. 12 Q Did Mr. Chandler introduce you to 13 Mr. Abraham Shakfeh? 14 A Yes. 15 Q Do you know if there's any type of 16 relationship or artangement that you're aware of 17 between Mr. Shakfeh and the O'Boyle Firm? 18 A No. 19 Q You indicated that Mr. Chandler had resigned 20 from Citizens Awareness. 21 A Correct. 22 Q Imayhavcaskedyou—ifldid,l 23 apologize — do you know when? 24 A Do I know when? 25 Q Yes, sir. Page 14 (Pages 53-56) Page 55 I A I believe —I'm thinking it was last 2 month. It was sometime in July. I'm not sure exaetly 3 when. 4 Q Do you know why he resigned? 5 A Pm not really sure why. I think he made a 6 statement on FOG Watch about it 7 Q On FOG Watch? 8 A Yes sir. 9 Q F -a -g W -a -t -c -h? 10 A It's an acronym for Florida Open Government I 1 Q Okay. Did you read the statement he made on 12 FOG Watch? 13 A I did. I believe it said something about 14 there was differences, irreconcilable differences, I 15 believe, was what it was in the goals that were set. 16 But other than that, I'm not really sure. 17 Q Irreconcilable differences in the goals that 18 were set? 19 A Yes. 20 Q Have you had any conversations with 21 Mr. Chandler about resigning from Citizens Awareness? 22 A No. 23 Q Were you aware, prior to his resignation, 24 that he was — that there were irreconcilable 25 differences? Page 56 I A No, not really, no. 2 Q How often did you and Mr. Chandler speak? 3 A How often did we speak? We'd speak, you 4 know, once every two weeks or something. 5 Q Before he resigned, did you speak every two 6 weeks or so? 7 A Yeah. 8 Q Since he's resigned, have you spoken every 9 two weeks or so? 10 A Yes. 11 Q And you've not had a conversation about why 12 he resigned? 13 A No. He doesn't really want to talk -- get 14 into any specifics about it or anything hike that. 15 He's mentioned that he resigned, but he hasn't 16 expressed any details as to why or anything like that. 17 Q Do you know what he did with Citizens is Awareness Foundation? 19 A Mr. Chandler was — I believe be was the 20 chairman of Citizens Awareness Foundation. 21 Q Okay. Chairman? 22 A I believe ser. I'm not really sure. 23 Q Okay. I think you said you thought Citizens 24 Awareness was somewhere near Miami. Z5 A Uh-bub. Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9 to 12 13 14 15 16 17 18 19 Page 57 Q And Mr. Chandler lives in Lakeland? A Correct. Q Did he go to the offices of Citizens Awareness to work, or do you know? A I believe he traveled, yes, between his home and Miami. Q Okay. IS Mr. Chandler, to your knowledge, still involved in public records requests? A Yes, he is. Q Do you know if he is represented in anyway currently by the O'Boyle Finn? A I do not know. Q Do you know if he's represented currently by Mr. Shakfeh? A 1 do not know. Q From reading the complaint in this case involving PACE, f have gleaned from that that you visit agencies or vendors, as you call them. Do you consider PACE a vendor? A Yes, Q Okay. When you visit an agency or a vendor, you generally have a contract -- A Yes. Q — of some sort that either the agency has or the vendor has with an agency; is that correct? Page 58 A That's correct. Q Where do you get the contract? A T get the contract offline Cram the government websitc. Q Wbichgovemmentwebsite? A Man, 1 can't think of it right now. I'm so bad about this rm sorry. The CFO website, the government website where this all — you get it from the Attorney General website and the CFO website, just go on there as a public record Q Do you get those, or docs somebody get them for you? A 1 get them and sometimes Thamas gets them for me. Q Sometimes who? A Thomas. Q Thomas? A Covenant Q So either you or Mr. Covenaut does a search online for government Contracts — A Uh-huh. Q — through various government agencies; is that cotma? A Through various govermnent — yes, yes. Q No one provides you with those contracts? Page 15 (Pages 57-60) Page 59 A No. Q Tell me how you do a search. Haw did you find the contract involving PACE? A The Contract involving PACE, Thomas found it — Thomas Covenant found it He sent it to me by email. And we looked at it and it was in Jacksonville, so it was close by. Thomas found it for 8 me. 9 Q And he sent it to you by email? to A Correct It Q Other than Mr. Covenant, has anyone else 12 ever assisted you in locating a contract with a state 13 agency or the vcndor9 14 A Joel Chandler. 15 Q Anyone else? 16 A Not that I recall. Just Thomas and Joel. 17 Q It's your testimony today that nobody in the 18 O'Boyle Firm has assisted you in finding contracts 19 with the State of Florida? 20 A Nobody in the O'Boyle Firm has over assisted 21 me in finding contracts in the State of Florida_ 22 Q Has any atmmey ever assisted you? 23 A No. 24 Q Nobody otherthan hie Covenantand 25 Mr. Chandler and you have been involved in identifying Page 60 I and downloading contracts with state agencies? 2 A What do you mean by that? 1 mean, I don't 3 know if anybody else has done it 4 Q That you have utilized in your efforts? 5 A That's Colmot. Just me, Thomns and Joel. 6 Q Okay. Did anybody tell you how to do that? 7 A Did anybody tell me how to do it? No. 8 Q Okay. It's just something you kind of 9 learned on your own? 10 A Yeah. 11 Q When you locate a contract with a government 12 agency, how do you determine what records are involved 13 in the contract? 14 A How do we determine what records are 15 involved in the contract? Specifically, with the 16 example of PACE, I look at the contract online, see if 17 the contract is active. We look for the public 18 records language in the contract And if it says in 19 the public records language — if it says in the 20 public records language in the Contract, if it says 21 that the vendor, as I call them, is subject to public 22 records, we decide to go do a public records request 23 Q Is it not your experience, in looking at 24 contracts with state agencies or any government 25 agency, that there's language in there requiring the Georgia Winegeart & Associates 301 West Say Street, Suite 1450, Jacksonville, Florida 32202 page 61 1 agency or the entity to comply with public records 2 law? 3 A Yes. It is — in the contract, it 4 specifically does state that they are required to 5 comply with the records language, if the 119 language 6 is there. 7 Q So how do you determine what document you 8 want to request? 9 A How do I determine what document? Just 10 whether it's public record or not, if it's a part of I I the contract, if it falls under the definition of 12 public records. 13 Q Okay. Does anyone assist you in determining 14 what document to request that may be pan of a 15 contract that you have reviewed? 16 A Does anyone assist me? No. I made that 17 determination myself. Is Q So can you tell me how many government 19 contracts you have reviewed in calendar year 2014? 20 A Calendaryear-- 21 Q Pm not limiting it to state — any 22 governmental entity whatsoever. 23 A So you're talking about contracts between 24 the government — any agency and a vendor? 25 Q Well, it's my understanding you don't limit Page 62 1 your public records request to vendors. 2 A RighL 3 Q You go to government agencies and make 4 requests? 5 A Yeah But the government agencies don't 6 have contracts. 7 Q But they have documents? 8 A Yeah, they have documents. I wasn't sure 9 what you mem. 10 Q For right now, we'll limit it. How many I I contracts have you reviewed that any government agency 12 has with a vendor, such as PACE, in calendar year 13 2014? 14 A I would say approximately 50. 15 Q And ofthat approxhnate 50, you filed suit 16 on approximately 30? 17 A Approximately 30. Is Q Okay. And you review --you have reviewed 19 all 50 of these contracts appmxunately to determine 20 if they're subject to Chapter 119? 21 A Correct 22 Q And you have reviewed approximately all 50 23 contracts in order to determine what documents to 24 request? 25 A No. I'm reviewing the contractjust -- Page 16 (Pages 61-64) Page 63 I whether ifs subject to Chapter 119 or not. And the 2 contract don't necessarily, you know, help me 3 determine which record I want because it's whatever 4 falls under the definition of public records is what 5 I'll ask for. 6 Mit WELLS: Ms. Silverberg, would you read 7 that last question and response back? U (The last question and answer was read back.) 9 BY MR. WELLS: 10 Q I'm not sure i understand that, Mr. Gray. it You get a contract that a vendor has with a government 12 agency, you download it7 13 A Uh-huh. 14 Q You get a hard copy? 15 A Correct 16 Q And you review the contract to make sum — 17 or to determine if there is a public records IS compliance requirement in the contract? 19 A Correct 20 Q Then you take that contract to a vendor? 21 A If I'm determined to go to the vendor, yes; 22 typically, I will have the contract. I Ike to have 23 the contract in my hand. 24 Q So you make a determination that you're 25 going to go visit ABC vendor? Page 64 I A Yes. 2 Q And you ask far what when you go to ABC 3 vendor? 4 A Just whatever mines in my mind when I'm 5 going in there, whatever is in relation — whatever 6 documents am =red and are received in relation to 7 that contract that they have with the State. So it 8 could be anything from the signatory page of the 9 contract itself, if the contract requires — which 10 they all do — they all require that them be adequate I I liability insurance, I'll ask to inspect and 12 photograph a copy of the liability insurance 13 certificate. Sometimes I'll ask for the most recent 14 invoice. Just whatever records are created or 15 received in conjunction with the specific contact 16 that I'm visiting the vendor with. 17 Q Do you know anyone who uses the email name, IS a -n -o -n -a -m -a, Anonama? 19 A Not that I recall, no. 20 Q Okay. 21 A What is it again, A -n -- 22 Q A -no -n -a -m -e. Two wards. 23 A No. 24 Q The answer to my preceding question was kind 25 of what I was looking for earlier. When you have Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 65 I downloaded the contract and satisfied yourself that 2 Chapter 119 compliance is required, you then identify 3 something within the contract to ask the vendor for? 4 A Uh-huh. 5 Q How do you make the determination what to 6 ask for? 7 A How do I make the determination what took 8 for? Since I'm doing an in-person public records 9 request, what I typically do is I'0 ask for the 10 absolutely easiest thing for the vendor to comply with I I because I would like — like if I want to inspect and 12 photograph proof of liability insurance or the 13 signatory page of the contract, then I try to get the 14 easiest thing for them to comply with so that it 15 doesn't take a lot of effort on thew part and I ask 16 for that. 17 Q How do you make a determination as to what 18 is the easiest thing for the vendor to comply with? 19 A Whether or not they have to do a lot of work 20 to go get it, whether or not it's easily accessible, 21 whether or not there's any redectable information on 22 it that's required by Florida Statute 119, you know, 23 things tela that. 24 Q But if you're not familiar with an agency or 25 a vendor, how do you know what's accessible? Page 66 1 A How do I know what's accessible? Based on 2 if it's created or received in relation to the 3 contract, the vendor contract. It's the public 4 records law. 5 Q How many of the 50 contracts — 6 approximately 50 contracts that you downloaded have 7 you actually visited an agency or vendor to request 8 documents from? 9 A Like I said. I believe there's been 30 to 40 10 that I've visited this year, I I Q And of the — and you said you sued 12 approximately 30? 13 A Uh-huh. 14 Q And you've visited approximately 30 to 40 of 15 them. Would it be fair to say you've sued almost 16 everyone you visited? 17 A About balfto the majority ofthem, yes. A 18 little more than half, yes. Some afthem comply. 19 Q Pardou mel 20 A Some of them comply with no problem. 21 Q Some ofthem comply what? 22 A Withnoproblem. Some ofthem just comply 23 when you go in and ask for records, 24 Q Of the 30 or 40 that you have visited of 25 your approximate 50 contracts you have downloaded, how Page 17 (Pages 65-68) page 67 1 many of those requests have been for some type of 2 proof of insurance? 3 A I would say the majority of them are far 4 pmofof insurance. When I go in, that's the document 5 I typically ask for is the proof of liability 6 insurance. I like to check and see if they have the 7 insurance required by the contract. 8 Q Of those approximately 30 to 40 vendors — 9 of the 30 to 40 you've mentioned, are they all vendors to like PACE? II A Correct. 12 Q Of whatever number you have visited, did you 13 give any of them a call in advance? 14 A No. 15 Q Did you communicate with any of them at all 16 in any form in advance prior to visiting whatever 17 office you visited? Is A No. 19 Q Is them a reason for that? 20 A No. 21 Q Now do you determine which vendors you're 22 going to visit? 23 A How do I determine which vendors I'm going 24 to visit? Well, like I said earlier, I look at the 25 contract. I determine whether the contract is Page 68 I active. And then if it's a vendor that I'm interested 2 in, to see — to see if I want to check to see if they 3 are maintaining liability insurance or they're keeping 4 their records like they're supposed to, I'll just go 5 to them. 6 Q What snakes you interested in any particular 7 vendor? 8 A Any particular vendor? Nothing really 9 specific. Them's nothing that makes me interested in 10 any one vendor over any other. I just want to go see I I if the records are there. 12 Q Well, in your prior answer, you said, If 13 it's a vendor I'm interested in. 14 A A vendor I'm interested in. 15 Q What do you mean by that? 16 A What do 1 mean by that, a vendor I'm 17 interested in? I don't know. Something that would 18 make me interested is if I dont have to travel too 19 far to go to IS if it's in the local area. 20 Q How far is Bmward County from here? 21 A Bmward County is —1'm not sure. I don't 22 know the exact mileage. 23 Q Did you file any lawsuits in Dade County? 24 A In Dade County? I believe I have. 25 Q You haven't filed any in St. Johns, have Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 69 1 you? 2 A No. 3 Q Okay. Do you know if there erevendorsor 4 state contracts in your home county? 5 A I'm sure there are, but [ haven't reviewed 6 any contracts that I can remember. 7 Q You haven't viewed any contracts between a e vendor and a state agency in St. Johns County; is that 9 correct? 10 A That's correct I I Q You've indicated that you have a file with 12 all the complaints that have been filed in your name? 13 A (Nods head.) 14 Q Is that a yes? 15 A I don't have all of them, no. 1 don't 16 have-- because some of them, just quite frankly, have 17 not been sent to me. 18 Q They quite frankly what? 19 A They haven't been seat to me. I dont have 20 all of them, all of the complaints. 21 Q Okay. Do you maintain a log of each visit 22 you make to a vendor? 23 A Do 1 maintain a log? No. 24 Q Do you have a file of the contracts, these 25 approximately 50 contracts that you've downloaded and Page 70 I viewed? 2 A No, not all of them. I have - typically, 3 if I have a video, I will put the contract in a file 4 with the video, I guess. 5 Q I thought I understood you to say earlier 6 that you had videoed every visit you've made to 7 request public records. e A I have. 9 Q So I assume then, from your immediately 10 prior statement, that you got a contract with each 11 video for all the visits you've made. 12 A Yeah. But I don't save all my videos and 1 13 don't save all my contracts. 14 Q Okay. 15 MR. WELLS: For the record, I would like 16 this to stand as a request for the preservation 17 of all evidence, specifically including videos, IB that are still currently in existence or 19 obtainable. 20 BY MR. WELLS: 21 Q Have you deleted any videos? 22 A Yeah. 23 Q Do you know how many you have deleted? 24 A No. 25 Q Do you know of any particular agency or Page 16 (Pages 69-72) Page 71 I vendor where a video has been deleted? 2 A I have not deleted any videos where I have 3 filed suit on them. I do not delete — I have the 4 original video and the video that I put on YouTube. 5 But other videos where I've gone into vendors and they 6 complied or they scheduled me to come back, I don't 7 keep every video that I record. 8 Q Scheduled you to come back So thereare 9 some vendors that have asked you to come back? 10 A Yes. I I Q And do you do that? 12 A I have sometimes come back. Yes. 13 Q Why do they ask you to come back? 14 A They'll ask mo to come back because maybe 15 the person is not there that has the contract, or the 16 person that's designated as the contract — the person 17 that's designated as the contact person 18 Q Okay. So there are circumstances where the 19 person who might be in charge of the contract is not 20 available? 21 A Uh-huh. 22 Q Have you encountered situations where 23 whoever might be responsible for the contract or in 24 charge of the office or whatever is not available, 25 because of prior commitments, given the fact you Page 72 1 haven't given notice of your intent to visit? 2 A Yes, 3 Q In those situations, do you go back when the 4 person is available? 5 A As a matter of fact, with PACE, I went 6 back. I went there and I requested it. They said 7 that the person was not available; Can you come back 8 later? I said, What time can you expect the contact 9 person to be there? And they said, Well, come back 10 later this afternoon. I can't remember exactly when 1 I it was. So I came back later that afternoon. 12 Q Did you video both visits? 13 A I don't recall if I videoed both visits or 14 not. I don't recall. 15 Q Mr. Taylor bas provided me, I think —1 16 really haven't looked at it —I think it's just one 17 episode, if I understand it 18 A Uh-huh. 19 Q Is that a yes? 20 A Is that a yes about what? 21 Q There's only ane episode? 22 A Yeah, 23 Q You only videoed one encounter, if you will, 24 at PACE? 25 A That's comet. Yes. Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 9 10 112 13 14 15 16 17 Is 19 20 21 10 11 12 13 14 15 16 17 IB 19 21 22 Page 73 Q Do you know if the video you made at PACE was of the first visit or the second visit? A It was the second visit. Q The second visit? A Yes. Q Okay. When you visit a vendor, do you ask for anyone in particular when you get there? A Usually I try to ask fora person, if it's what's listed on the contract, I try to ask for the contact person that says the contact person where the administrative records are stored is and it will give a name. And IT typically try to ask for that person, or the public records coordinator, or whoever you guys have to handle public records requests. Q Did you do that with PACE? A I don't recall specifically if I did. 1 would have to review the video again. I don't recall. Q Why do you video what you're doing? A Why do I video? To document the public recordsreque$L Q We refer to video. In whatever filming you do, do you also include audio? A Yes. Q So what Mc Taylor sent me is not oaly a video ofyour encounter with the folks at PACE, but it Page 74 Wan includes audio? THE WITNESS: Is that what you Sent him? MR TAYLOR: It was my understanding that it's both I'm saying it was — I'm showing what we sent you was video and audio. If you didn't get either one, we can certainly — MR. WELLS: I have intentionally not— I meen, I opened — I saw the bit about what it was and then I shut it down because I wanted this to be — MR TAYLOR: Okay. Understood. THE WITNESS: IL's always — whenever I do video, it's audio and video. BY MR. WELLS: Q Okay. And Mr. Covenant was with you? A Yes. Q Is he shown on the video that you make? A He may or may not be. If he walks in front of the camera. Q What kind of camera do you use when you video? A I use a Canon ECS camera because that's the one that I also use to take a photo of the document. Q A Canon EOS, that has — and I'm totally illiterate, okay — a Canon EOS has video and audio Page 19 (Pages 73-76) Page 75 i capability? 2 A ConrcL It looks like a still photo 3 camem, but it has — because that's what I use it 4 mainly for, is to photograph the documents also, and 5 it also has audio and video capability, yes. 6 Q Okay. Do you ever use any type of Wed, 7 mini pad, any kind of tablet kind of thing? s A I will occasionally use my Wad, yes, if 9 it's got — sometimes I don't have the contract 10 printed out and I'll just have the basic information 11 about the contract: The contmct, the vendor— the 12 contract number, the vendor, who the vendor has the 13 contract with. And so that's what I use the iPad for. 14 Q When you make a request for a document, 15 pursuant to public records request and you are 16 videoing with audio, do you notify whoever it is that 17 you're doing that? 18 A No. 19 Q Do you obtain their consent to do that? 20 A No. 2l Q Is there a reason why you do not? 22 A No. 23 Q I know you're represented by counsel, but 24 have you ever considered the legality of obtaining 25 video and audio of someone without obtaining their Page 76 1 consent? 2 A The legality of it? I know the public — 3 I'm not an attorney or anything, but I know the public 4 records law has a statute about the right to 5 photograph the records. And it says that the person, 6 when they are fulfilling a public request, they are 7 standing in the shoes of the State and the public e officials have no expectation of privacy while 9 performing their official public duties. to Q So it's your interpretation of whatever 11 provision youjust read that that gives you the right 12 to obtain audio from that person without obtaining U consent, without providing notification? 14 A Yes. Thafs my interpretation. t5 Q Have you ever tested the validity of that 16 interpretation anywhere? 17 A Tested the validity of it? 18 Q Yes, sir. 19 A I'm not sure I understand what you mean. 20 Q Have you ever sought advice of counsel as to 21 whether your interpretation is correct? 22 A Outside of advice of counsel? No. 23 Q Sir? 24 A No. 25 Q Has anyone ever objected to your using audio Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 77 I in your videos? 2 A No. 3 Q Has anyone ever objected to your using 4 either audio or video? 5 A No. You're speaking — videos, you're 6 talking about all of my videos? 7 Q I'm talking about has my particular 8 individual that is shown in any of your videos 9 objected to being displayed in your video — well 10 start with video — in your public records request II activities? 12 A In my public records request activities? 13 Q Yes. 14 A With vendors, no. With public agencies, 15 yes. 16 Q Can you identify my public agency — public 17 agencies or public agency employees who have objected? 18 A Identify the individual, or just the 19 agency? 20 Q What objection may have been made, who made 21 it? 22 A Let's see. Members of the Jacksonville 23 Sheriffs Office have objected. The Jacksonville 24 Agricultural Department has objected. The videos am 25 all on my YouTube channel. 1 would have to look at Page 78 I them to sec which ones specifically objected because 2 there are so many of dram. 3 Q Have you ever deleted tory videos or audio 4 pursuant to an objection by anyone? 5 A Deleted any videos or audio pursuant to an 6 objection? Putsuant to an objection, what do you 7 mem? 8 Q If anybody ever made an objection to the 9 video or audio, did you delete it when they made that 10 objection? II A No. 12 Q Under what circumstances have you deleted 13 any video or audio? 14 A Under what circumstances have 1 ever deleted 15 any audio or video of — 16 Q Of anyone in which you had becn making a 17 public records request I8 A I don't understand the question. 19 Q Okay. It's my understanding, Mr. Gray, that 20 every time you make a public records request you video 21 that request and that video is accompanied by audio; 22 is that correct? 23 A That's correct 24 Q Has anyone ever objected to your having 25 videoed your request of that person in your making Page 20 (Pages 77-80) Page 79 I public records request? 2 A Some public agency —people who work for 3 public agencies, yes, they have. 4 Q Okay. And as a result of those objections, 5 have you deleted any of those video or audio films 6 that you took? 7 A No. 8 Q You have not? 9 A No, not because somebody objected to them. 10 Q You have deleted some, but not because of I I the objections? 12 A Correct. 13 Q And did 1 understand you earlier, the ones 14 you have deleted have been from the Jacksonville 15 Sheriffs Office and the Jacksonville Agricultural 16 something or other? 17 A Yeah — no. Those aren't the ones I 18 deleted. Those are the ones that objected. 19 Q They objected, but you did not delete them? 20 A They objected -- I've done so many videos. 21 I've deleted some and I've published some. 1 don't 22 know specifically which ones I've deleted and 1 23 haven't deleted. I know that I've never deleted a 24 video specifically because someone objected to me 25 videotaping. Page as I Q Well, to the extant you may have deleted 2 some, why would you have deleted them? 3 A Maybe theyjustweren't interesting enough 4 to be published on YouTube. 5 Q Okay. When you go into a vendor accompanied 6 by Mr. Covenant or Mr. Miller or 7 Mr,Chandler, how do you identify yourself? 8 A I don't identify myself. I say, I'm here to 9 make a public records request. 10 Q You don't give them your name or anything 11 like that? 12 A No. 13 Q Okay. How do you identify what it is you're 14 looking for when you make a public reconis request? 15 A How do I identify what itis I'm looking for 16 when I make a public records request? I tell the 17 person that rm speaking to — usually rll have the 18 contract in my hand; I've printed it. I tell them 19 what the contract number is. I tell them it's the 20 contract between whatever vendor it is and whatever 21 agency they have the contract with Like I said, l 22 give them the contract number. And 1 simply say, I'm 23 making a public records request; I would like to 24 inspect and photograph whichever document I'm asking 25 to inspect and photograph, Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 92 1 A Is that why I riled 30 lawsuits? 2 Q Yeah. 3 A I filed 30 lawsuits because my rights have 4 been violated and they violate my right to access 5 public records. 6 Q How long atter you leave a vendor's office, 7 when you don't get whatever it is you're asking for, 8 do you notify either the O'Boyle Firm or Mr. Shakfeh? 9 A I have no set period of time. to Q How do you do that, by phone? 11 A By phone, by email, whichever. 12 Q Do you usually use your mobile phone when 13 you make phone calls? 14 A Yes. 15 Q Okay. I'm going to ask you specifically 16 some questions now about PACE and some of these 17 will— probably yourresponses eulierwdll apply. 16 I'm going to assume that you somehow downloaded a 19 contact that PACE had with the agency that you 20 believed they had a contract with. 21 A Bight. 22 Q Was that just a random downloading from the 23 agency, or how did you locate that contract? 24 A With PACE, I was contacted by Thomas and he 25 said, you know, there's a contract hem in Page 21 (Pages 81-84) Page 83 I Jacksonville; we may want to go check and see if 2 they're in compliance with public records basically. 3 Q If they were in compliance with public 4 records? 5 A Yeah. If they're going to comply with 6 public records access and to see if we could — 7 Q Okay. Who reviewed the complaint to B determine what to ask? 9 A I did. You mean -- who reviewed the 10 complaint? I I Q Excuse me. Who reviewed the contract — 12 A The contract. Okay. 13 Q —that PACE had with whatever state agency 14 to determine what to ask for? 15 A I did. 16 Q When did you do that? 17 A I don't meall. IB Q Was it the day you went; was it sometime 19 prior to that? 20 A I don't recall; I don't recall when 1 21 decided. I believe I asked for the certificate of 22 insurance. 23 Q Who did you ask for when you went there? 24 You said earlier you don't know. 25 A Whodidl— Page 114 I Q Did you esk for anybody specifically? 2 A I can't remember if I asked for anybody 3 specifically. I would have to watch the video again. 4 Q Okay. You indicated earlier that sometimes 5 you ask for whoever is in charge of the contracts. 6 Did you do that at PACE? 7 A That's what I just said; I don't recall if I e did. 9 Q When did you and Mr. Covenant make a 10 decision that you were going to go visit PACE? 11 A Idon'tmall. 12 Q Do you recall the date you went to visit 13 PACE? 14 A I don't recall. 15 Q Do you recall the month you visited PACE? 16 A No. 17 Q Do you recall the PACE address? t8 A No. 19 Q Do you recall whether you visited my other 20 agency or vendor in the same day you visited PACE? 21 A We did visit other vendors in Jacksonville 22 that day. I don't recall which ones they were 23 specifically, but we did visit other vendors that day. 24 Q When you and Mr. Covenant or Chandler or 25 Miller, whoever, visit vendors, do you usually do Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 91 1 Q Okay. Assuming that— without regard to 2 PACE, butjust generally speaking, you go to a vendor, 3 you make a request, for whatever reason you don't get 4 the documents you requested, I believe you indicated 5 there are times when you go back 6 A Uh-huh. 7 Q Is that a yes? 8 A Yes. 9 Q Are there times when you don't go back? 10 A Yes. 11 Q What dictates those times when you don't go 12 back? 13 A Opportunity, time, distance, how busy I am. 14 Q Have you ever left your name and contact 15 information with any vendor when you were unable to 16 get the documents you requested — 17 A No. 18 Q — upon your initial visit? 19 A No. 20 Q Is them a reason for that? 21 A Because I have a right to remain anonymous 22 when I make my public records request. 23 Q You have a right to remain anonymous? 24 A Yes. 25 Q Is that why you filed 30 lawnits? Page 92 1 A Is that why I riled 30 lawsuits? 2 Q Yeah. 3 A I filed 30 lawsuits because my rights have 4 been violated and they violate my right to access 5 public records. 6 Q How long atter you leave a vendor's office, 7 when you don't get whatever it is you're asking for, 8 do you notify either the O'Boyle Firm or Mr. Shakfeh? 9 A I have no set period of time. to Q How do you do that, by phone? 11 A By phone, by email, whichever. 12 Q Do you usually use your mobile phone when 13 you make phone calls? 14 A Yes. 15 Q Okay. I'm going to ask you specifically 16 some questions now about PACE and some of these 17 will— probably yourresponses eulierwdll apply. 16 I'm going to assume that you somehow downloaded a 19 contact that PACE had with the agency that you 20 believed they had a contract with. 21 A Bight. 22 Q Was that just a random downloading from the 23 agency, or how did you locate that contract? 24 A With PACE, I was contacted by Thomas and he 25 said, you know, there's a contract hem in Page 21 (Pages 81-84) Page 83 I Jacksonville; we may want to go check and see if 2 they're in compliance with public records basically. 3 Q If they were in compliance with public 4 records? 5 A Yeah. If they're going to comply with 6 public records access and to see if we could — 7 Q Okay. Who reviewed the complaint to B determine what to ask? 9 A I did. You mean -- who reviewed the 10 complaint? I I Q Excuse me. Who reviewed the contract — 12 A The contract. Okay. 13 Q —that PACE had with whatever state agency 14 to determine what to ask for? 15 A I did. 16 Q When did you do that? 17 A I don't meall. IB Q Was it the day you went; was it sometime 19 prior to that? 20 A I don't recall; I don't recall when 1 21 decided. I believe I asked for the certificate of 22 insurance. 23 Q Who did you ask for when you went there? 24 You said earlier you don't know. 25 A Whodidl— Page 114 I Q Did you esk for anybody specifically? 2 A I can't remember if I asked for anybody 3 specifically. I would have to watch the video again. 4 Q Okay. You indicated earlier that sometimes 5 you ask for whoever is in charge of the contracts. 6 Did you do that at PACE? 7 A That's what I just said; I don't recall if I e did. 9 Q When did you and Mr. Covenant make a 10 decision that you were going to go visit PACE? 11 A Idon'tmall. 12 Q Do you recall the date you went to visit 13 PACE? 14 A I don't recall. 15 Q Do you recall the month you visited PACE? 16 A No. 17 Q Do you recall the PACE address? t8 A No. 19 Q Do you recall whether you visited my other 20 agency or vendor in the same day you visited PACE? 21 A We did visit other vendors in Jacksonville 22 that day. I don't recall which ones they were 23 specifically, but we did visit other vendors that day. 24 Q When you and Mr. Covenant or Chandler or 25 Miller, whoever, visit vendors, do you usually do Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 page 85 I several in one day? 2 A Usually, yes. 3 Q Is there a particular period of time in 4 between these days that you visit vendors that you 5 dont? 6 A No. 7 Q Can you describe what you observed as you 8 entered the offices of PACE? 9 A Can I describe what I observed? Opening the 10 door, there was a receptionisL 1 think she called a I I young lady up. I think I may have explained to the 12 receptionist — I would have to watch the video again 13 to be specific — but I explained to the receptionist 14 why I was there, to make a public records request. 15 She contacted another— a young lady who came out and 16 1 explained to her why I was there and that was to 17 make a public records request. 18 Q Did you get the names of any of these 19 individuals you spoke with? 20 A I believe I did. I can't recall what the 21 names were. I believe they are on the video, when I 22 asked. 23 Q Do you recall whether you asked the names, 24 or did the person volunteer their name, or what? 25 A I cant recall. Page e6 I Q Do you remember either of the names of any 2 of the people you spoke with at PACE? 3 A No. 4 Q So you spoke to a receptionist who then 5 called someone else up? 6 A If 1 remember correctly, yes, yes. A young 7 lady came ouL 8 Q Was there anybody else in the vicinity when 9 you first walked ht7 10 A Thomas walked in with me. I I Q Other than you and Mr. Covenant and perhaps 12 the initial receptionist who you spoke to, were there 13 any other people in the immediate vicinity? 14 A In the lobby area, no, I don't recall. 15 There was a — I don't recall. I think there were 16 people moving about, but I don't recall anybody else 17 in there. 18 Q Okay. Were you able to observe whether 19 there were any people there who you could distinguish 20 as clients of PACE as opposed to employees of PACE? 21 A I wouldr t know who was clients and who was 22 employees. 23 Q The fust young lady —I assume the first 24 receptionist you spoke to was female. 25 A Uh-huh. Page 22 (Pages 85-88) Page 67 I Q Could you tell how old she was? 2 A No. 3 Q Can you describe her? 4 A I mean, I can't remember. No. The 5 receptionist, no. 6 Q The second person that came up who was 7 called by the receptionist, male or female? 8 A Female. 9 Q Can you describe hell 10 A Brown hair, Caucasian, I think. That's I I about — brown hair, white female, really nice, real 12 polite. 13 Q Do you recall anything about how old she was 14 approximately? 15 A She seemed to be35 to 30 — 30 w 35, 16 somewhere around there. 17 Q Other than those two individuals, did you 18 speak with anybody else at PACE — 19 A Not that I recall. 20 Q —you sad Mr. Covenant? 21 A Not that 1 recall. No, sir. 22 Q Did you see any other people who appeared to 23 be employees of PACE while you were there? 24 A I saw people moving about, yes, moving about 25 the office, the area in there. Page 88 I Q When you went into PACE, did you go to a 2 desk, or did you go to a counter or what? 3 A Went through —I drink thine were glass 4 doors. As you enter, there's a receptionist's desk 5 and there was some chairs on the wall. I spoke to the 6 receptionist, I believe. Explained to her that I was 7 there fora public records request, if I'm remembering 8 correctly. She told me that she would contact 9 somebody. So 1 sat down in the chair and the young 10 female that I just described came out I I Q Okay. After you spoke to the second person, 12 what happened? 13 A After I spoke to the second person, what 14 happened? 15 Q Let me make sure I understand something 16 too. When you spoke to the receptionist and then 17 spoke to the second person, was that on this first or 18 what you believe to be the second visit? 19 A Second visit 20 Q Second visit let's go back to the first 21 visit, When did that occur? 22 A 1 think that occurred about three hours 23 before the second visit 24 Q Who did you speak with then? 25 A I believe it was the receptionist. Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 89 1 Q he same receptionist you spoke with later? 2 A I believe so, yes. I explained I was there 3 for a public records request. They recommended for me 4 to come back later. 5 Q So the first receptionist you spoke with 6 said came back later? 7 A Yes. 8 Q Okay. Theo you and Mr. Covenant lett? 9 A Correct. 10 Q And then you came back and that's when you I I spoke to the second person? 12 A Correct. 13 Q On your fust visit, the only person you 14 spoke with was the receptionist? 15 A If I remembercorrectly, yes. 16 Q Did you film and audio that encounter with 17 the receptionist on the first visit? 18 A I don't recall if I did or not I don't 19 remember if the camera was recording. 1 had the 20 camera to take the photograph, but I can't recall if 21 the camera was recording or not I can't remember. 22 Q When you had your fust encounter with die 23 receptionist, if you videoed it, has that been 24 provided to Mr. Taylor? 25 A If I videoed it? Page 90 1 Q If you videoed it with audio — lot me be 2 precise - 3 A No. 4 Q — you would not have provided it to 5 Mr. Taylor? 6 A No. 7 Q Why? 8 A I don't think I did. Like 1 said, 1 don't 9 remember if I recorded it or not I don't think 10 there's a video of the first encounter, I don't think 1 I there is a video of the first encounter. No. 12 Q Okay. But you have previously testified 13 that you video all encounters — 14 A Yes. 15 Q —so you can document your request. 16 A Yes. 17 Q And when you first walked in the door and 18 spoke to We receptionist, you did not know what 19 response she was going to make? 20 A Correct. 21 Q But you didn't have your video on? 22 A I don't remember if I had it on or not. 23 Q Okay. So you may have had it on, you may 24 not have, but in any event nothing has hem provided 25 to Mr. Taylor? Page 23 (Pages 59-92) Page 91 I A Comet, 2 Q The second visit,the receptionist gets 3 another person. You've now got your video going with 4 audio? 5 A Yes. 6 Q Did you video and audio the portion with the 7 receptionist before she called this second person 8 over? 9 A I believe so. 10 Q Do you advise the second person, the white I I female with dark brown hair, what you want? 12 A Correct 13 Q How did you identify Cur her what documents 14 you wanted? Is A 1 believe I had the contract in my hand. 16 Like i said, I would say, Pm here to make a public 17 records request I tell them the contract number. 18 And I told her that I would like to inspect and 19 photograph the certificate of liability insurance, 20 basically a proof of insurance that's required by the 21 contract 22 1 believe I had a sample front where I had 23 photographed or gotten a copy of a artifhcate of 24 liability insurance from another vendor — I'm not 25 sure which vendor it was — as an example, just to Page 92 I show her what I was specifically looking for, to be 2 specific about it 3 Q Mr. Gray, Feigning m hand you a copy of 4 the complaint that has been filed in this matter and 5 purports to have a copy of the contract upon which you 6 are basing your lawsuit. And I would ask you, if you 7 would, to tum to the contract and find for me in the 8 contract where it requires or addresses the documents 9 you've requested. 10 A I have found it. It Q Sir? 12 A I found it 13 Q What page? 14 A Page 10 of 36. 15 Q Okay. Now you asked for — you showed them 16 a certificate of insurance that you had received from 17 somewhere else? 18 A Correa 19 Q And you asked them to produce that document 20 that they maintained — 21 A Correct. 22 Q — is that cmmct7 23 A Uh-huh. 24 Q Okay. Where on Page to does it require PACE 25 to maintain that document? Georgia Winegeart & Associates 301 West Bay Street, Suite 1454, Jacksonville, Florida 32202 Page 93 I A On Page 10 where does it require it? 2 Nowhere that I could tell. On Page 10, where does it 3 require that they maintain the document? 4 Q Pm trying to figure out — 5 A On Page 10, it does not I don't see any 6 language that says that it's required that they 7 maintain that document 8 Q So exactly what were you asking for? 9 A I was asking for the certificate of 10 liability insurance that's required by the document — I t by the contract 12 Q Where is a certificate of liability 13 insurance required to be maintained, on Page 107 14 A It says right here, The insurance provider 15 shall maintain, if applicable, the following types of 16 insurance listed., Commercial, general liability. 17 That's what I was asking for. 19 Q Okay. That requires them to maintain the 19 insurance? 20 A Uh-huh 21 Q Is there anyplace in this contract that 22 you're aware of that requires PACE to maintain a 23 certificate of liability insurance? 24 A Written in the contract? The public records 25 access right here on Page 1 of 36. Page 94 1 Q Public records access. Now where on Page 1 2 does it say that public records access means that they 3 have to maintain a certificate of liability insurance? 4 A It says, All documents created and 5 received — let's sea. The provider agrees to allow 6 access and review of all documents, papers, letters, 7 maps, books, tapes, photographs, film, sound 8 recordings, data pmccoin& software and other 9 material, regardless of physical form or 10 characteristics, or means of transmission, made or I I received pursuant to law m ordinance in connection 12 with the transaction of official business by any 13 agency as defined in Section 119. All documents made 14 or received by the provider in conjunction with this 15 contract shall be made available except for those 16 public records which are made confidential by law. 17 Q Okay. Now what does that paragraph have to 18 do with the certificate of liability insurance? 19 A The certificate of lability insurance is 20 required by the contract 21 Q Where? 22 A Well, it's required that they have liability 23 insurance. 24 Q Idmetdisputethat. 25 A Okay. Page 24 (Pages 93-96) Page 95 1 Q You didn't ask for proof of insurance; 2 you asked for a certificate of liability insurance. 3 A Something that proves that they have 4 insurance. 5 Q Is that what you requested? 6 A Yeah. 7 Q And it's your testimony that whatever video 8 you took will show that you requested them to provide 9 you with proof of insurance? 10 A Yes. 11 Q Does that contract require them to maintain 12 proof of insurance? 13 A Proof of insurance. 14 Q My question is: Is your reading of the 15 contract, since you're the one who downloaded it, or 16 Mr. Covenant downloaded it, but you reviewed it and 17 you made the determination that you're going to go ask 18 them for pmof of insurance, where in the contract 19 does it require them to maintain that they have 20 insurance or have proof that they have insurance? 21 A In the contract? Well, typically, if you 22 have insurance, you have documentation showing that 23 you have insurance. 24 Q But wherein this contract that you used 25 does that say that PACE has to do that? Page 96 1 A It doesn't say specifically insurance. It 2 says that they have to maintain records regarding the 3 contract 4 Q Okay. So you're saying because Paragraph 5 1 — excuse me — Paragraph BA -2 on Page I requires 6 them to maintain their records, that requires them to 7 maintain proof of insurance that they're required to e provide to the State? 9 A Yes. 10 Q Did you speak to anyone else after this 11 young lady with the brown bait that day? 12 A You mem at PACE? 13 Q At PACE. 14 A I may have said good-bye to the 15 rcceptionisy have a nice day, as we were leaving. 16 Q Okay. When you told the lady with the brown 17 hair that you wanted a certificate of liability 18 insurance or proof of insurance, whatever it is you 19 said, did you speak with anyone after that? 20 A No. I don't recall. We left 21 Q And what did the young lady with the brown 22 hair tel you with regard to the document you 23 requested? 24 A She said that the person that she spoke to 25 on the phone— I caat recall who it was right now — Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 97 1 but the person she spoke to on the phone said that it 2 needed to be in writing, that it should be emailed and 3 made in writing — the request should be emailed and 4 made in writing. 5 Q Do you know who at PACE was responsible for 6 maintaining the insurance contract? 7 A Maintaining, no. 8 Q Did you ask for the person responsible Cor 9 maintaining the insurance contract? t0 A No. 11 Q Did you ask for anyone else in particular 12 other than, I simply want proof of insurance? 13 A I announced that I was thereto make a 14 public records request. 15 Q My question, Mr. Gray, is very simple: Did 16 you make a request for anyone in particular with 17 respect to your request for whatever insurance is information you were seeking? 19 A When I arrived, I can't remember if 1 asked 20 for what's listed as the contact person in the 21 contract 1 don't remember if I asked for that person 22 or not, but I did announce that I was them to make a 23 public records request. 24 Q Okay. And you said that this young lady 25 came back and had spoken to somebody on the phone? Page 98 1 A Correct 2 Q Does that suggest to you that whoever she 3 spoke to was not there in the office? 4 A Yes. 5 Q Okay. After she came back to you and told 6 you that she had spoken to someone on the phone and 7 that in order to get the document you need to leave 8 your name and address, did you respond to her in any 9 way? 10 A I don't think she told me I needed to leave I I my name and address. I think she told me that 1 12 needed to make it in writing via email. I think 13 that's what she said. 14 Q Okay. What response did you make to that? is A 1 believe I told her that 1 would like to go t6 ahead and access the records now; I would like to take 17 a photograph and inspect the records now. 18 Q Do you have any information, from any 19 source, that PACE had thew insurance policy itself in 20 the educe that day? n A No. 22 Q Do you have any iaformafion that PACE had 23 any type of documentation in the office proving they 24 had insurance that day? 25 A Otherthan what it says and the reason we Page 25 (Pages 97-100) Page 99 I went there is because, in the contract, it says that 2 is the place where the administrative record was 3 stored and the contact person, that is the address, sa 4 that's why we went there. 5 Q But my question is: Do you know if they had 6 it in the office that day? 7 A No. That's — no. 8 Q Do you know if a certificate of liability 9 insurance, as you've described it, was in the office 10 thatday? II A No. 12 Q Have you subsequent to that day ever 13 received a certificate of liability insurance or any 14 other type of proof of insurance as to PACE? 15 A PACE, no. 16 Q Okay. You did not go back to PACE after 17 that fust day 9 Is A No. 19 Q Have you ever made a request to go back to 20 PACE - 2I A No. 22 Q - after that first day? 23 A No. 24 Q Iles anybody ever advised you of your right 25 to go back to PACE and photograph or inspect some Page 100 I record? 2 A No. 3 Q And you've never been provided by anyone 4 with proof of insurance that PACE maintained? 5 A Provided with anyone proof, what is that? 6 I'm not sure what you mean. 7 Q Whatever documents you were requesting, 8 whatever proof you were requesting when you went to 9 PACE, you never received that? to A No. Other than looking at the contract and I I seeing that they am required to maintain -- 12 Q Insurance? 13 A — insurance. 14 Q Okay. You didn't ask to see the insurance 15 policy? 16 A No. 17 MR. WELLS: I would like to have the 19 complaint and the attached contract marked as 19 Defendant's Exhibit I to the deposition. 20 (Defendant's Exhibit No. 1 was marked for 21 identification.) 22 BY MR. WELLS: 23 Q Mr. Gray, do you know of any reason why — 24 strike that Just to make sure I'm clew, since your 25 initial visit to PACE, not only have you not received Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 101 I the information you were requesting, but you've never 2 been advised of your right to go back there, that you 3 were invited to go back them to photograph and 4 inspect whatever it is you were requesting; is that 5 correct? 6 A (No response) 7 Q Pardon me? 8 A I'm thinking. I don'trecall if i had been 9 advised if I could go back them. to Q Do you know somebody named Thmsa Giles or 11 Giles? 12 A No. 13 Q Do you know Yessica Cancel? 14 A No. 15 Q I had asked you, Mr. Gray, if you had ever, 16 since your first visit, seen the proof of insurance 17 you're asking for or a certificate of liability 18 insurance. Let me show you this documenL I'll 19 represent to you that that is a certificate of 20 liability insurance an PACE — 21 A Okay. 22 Q —pursuant to their contract with the state 23 agency. You've never seen that before, have you? 24 A No, sir. Not from PACE, 25 MR. WELL: PII have this marked as Page 102 1 Defendant's Exhibit 2. 2 (Defendant's Exhibit No. 2 was marked for 3 identification.) 4 BY MR. WELLS: 5 Q You aren't, by chance, in some way 6 incorporated, are you? 7 A No. 8 Q So none of Honor Your Oath, or Photography 9 is not a crime, or anything like that, you're not 10 incorporated in any respect? G A No. 12 Q Okay. 13 MR WELLS: Let's take a ten-minute break, 14 if we can. Pm almost through. 15 (Brief break) 16 BY MR_ WELLS: 17 Q lust so that Nn clear, it's your testimany 18 you made two visits to PACE on the some day — 19 A Yes. 20 Q —about three hours apart? And the fast 21 visit, you spoke only to a receptionist? 22 A That's what I recall. Yes. 23 Q And she advised you to come back Why? 24 A She said that the contact person or the 25 person that — the supervisor or whoever the CEO was Page 26 (Pages 101-104) Page 103 I would be there. When I asked for who would do the 2 public rewrds type of deal, she said to come back 3 when that person is there, so I came back about three 4 hours later. 5 Q Okay. When you tame back about three hours 6 later, you spoke only to the sari receptionist? 7 A As far as I remember, yes. e Q And then a second person that was — 9 A Yes. 10 Q — about 35, brown heir, Caucasian? I I A A white female, Caucasian. 12 Q So those are the only two people you've ever 13 spoken to at PACE other than whatever acknowledgment 14 you may have trade to Ms. Marx today? 15 A Yes. 16 Q After you left PACE that day, you never went 17 back and asked for the record again? 18 A No. 19 Q While you were there, what was Mr. Covenant 20 doing? 21 A He was just my friead,just them alongjust 22 to be there. 23 Q But could you see what he was physically 24 doing; was hejust standing beside you or - 25 A Yeah. He was just kind standing over to the Page 104 I left of me, from what I recall. 2 Q Okay. Other than standing over to the left 3 of you, you have no specific recollection of what he 4 was doing? 5 A No. He was just them with me. 6 Q Take a look at that document, if you would, 7 Mr. Cray. 8 A Okay. 9 Q You're welcome to mad all that you want to, 10 but have you ever seen that before? I I A No, sir. 12 MR. WELLS: I would like to have this marked 13 for identification purposes only; we're not 14 attaching it as an exhibit. is (Defendant's Exhibit A was marked for 16 identification.) 17 BY MR. WELLS: 18 Q I would like you to keep that. it's not 19 going to be an exhibit to the complaint — to the 20 deposition. Not having seen that before, do you know 21 if you've ever discussed the contents of that before? 22 A No. 23 Q Okay. Do you have any information as to the 24 ramifications of that document? 25 A Indications of ramifications of that Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 105 1 document? 2 Q Yes, sir. 3 A No. 4 Q When you trade the request of the second 5 person at PACE, brown hair, 35ish, Caucasian, you bad 6 a copy of the contract with you? 7 A I believe I did. Yes. 8 Q Okay. Did you show her or point to anything 9 in the contract that you were looking for? 10 A I believe did, yes. I pointed to it and I I I showed her the certificate of liability from the other 12 place, like, This is what I'm looking for, it's quick 13 and easy; just let me take a look at it and Pll leave 14 here. 15 Q And did you let herhave either of those 16 documents, either the contract or the certificate you 17 had from the other source, for her to use to go back 18 to whoever she had to talk lo? 19 A I think I may have given it to her, or she 20 may have taken it I'm not sura I would have to 21 watch the video again. But — I mean, if she would 22 have wanted to take it, l would let her have it. 23 Q But do you recall, one way or the other, 24 whether she took possession of either of those 25 documents? Page 106 I A I don't recall; I don'trecall. 2 Q And when she came back to you to say that 3 you needed to put it in writing, can you tell me 4 precisely what she said to you? 5 A She said — precisely, I can't recall, but 6 she said — she spoke to the person on the phone. The 7 person on the phone said that it needs to be made in 8 writing, by email, the request needs to be made in 9 writing. 10 1 believe it was at that point when I said, I I Well — I showed her the certificate of liability from 12 the other place and said. This is easy, and 1 handed 13 her the contract. And she said, Per what I've been 14 told on the phone, it needs to be made in writing. I 15 said, Okay, thank you, and I left 16 Q Did she say anything about whether the 17 documents you were asking for was even in the office I8 at PACE? 19 A No, I don't think she did. I don't recall 20 that she did. 21 Q Okay. But you showed her a document that 22 said — Ie this Exhibit 2, certificate of liability 23 insurance? 24 A Yes, I did, from another vendor. 25 Q And you told her that this is what you were Page 27 (Pages 105-106) Page 10'1 I looking for? 2 A Yeah. That's what it looked like, so she 3 could have a point of reference, so she would know 4 what I'm looking for. 5 Q And by this, we're referring to 6 Plaintiff's — excuse me— Defendant's Exhibit 2? 7 A Correct I mean, I didn't have that 8 particular document in my possession. It was one from 9 another— l0 Q A sample? I I A A sample, yes. 12 Q You indicated that you had not been back to 13 PACE and you indicated that you had never Bern advised 14 that you could go back. Have you ever requested to go 15 back to anyone? 16 A Requested to go hack to anyone? No. 17 Q Let me rephrase that. That wasn't clear. 18 Have you ever requested of anyone to go back to PACE 19 so you could attempt to photograph and inspect 20 whatever record it was you were seeking on the first 21 visit? 22 A No. 23 Q Is it your understanding, Mr. Gray, that the 24 O'Boyle firm and Mr. Taylor, in specific, is 25 mpmsmtingjmt you in this litigation? Page 108 1 A In this, with PACE? 2 Q Yes, sir. 3 A Yes. 4 MR WELLS: I am through. 5 Mr. Gray, you have the right to read and 6 sign, if it's transcribed, or you can waive that 7 right. If I ask for it to be transcribed, she's 8 going to type up everything that was said today, 9 assuming she heard you. Once she gets it typed 10 up, you have the right to read it, to make sure I I she's done it correctly. Mr. Taylor can advise 12 you as to whether you need to read and sign it or 13 not. You can't make changes to it, but you can 14 make a notation of errors in her transcription. 1s THE WITNESS: Okay. 16 MR. WELLS: So you need to let her know 17 whether you will waive the right to read it, or Is whether you want to read it if it's transcribed. 19 THE WITNESS: I would like to read it if 20 it's transcribed. 21 MR. WELLS: Very good. 22 (The deposition was concluded at 4:45 p.m.) 23 --- Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 28 (Pages 109-110) Page 109 I CERTIFICATE 2 STATE OF FLORIDA) 3 COUNTY OF DUVAL ) 4 1, Cynthia Silverberg, Shorthand Reporter 5 and Notary Public, State of Florida at Large, do 6 hereby certify that I was authorized to and did 7 stemipaphically report the deposition of 8 JEFFREY MARCUS GRAY; that a review of the transcript 9 was requested; and that the foregoing transcript, 10 pages 1 through 108, is a true and complete record of 11 my stenographic notes. 12 1 further certify that I am not a relative, 13 employee, attorney or counsel of any of the parties, 14 nor am I a relative or cmployce of any of the parties - 15 attorney or counsel connected with the action, nor am 16 1 financially imenemcd in the action. 17 Dated this 24th day of January, A.D., 2015, 18 19 CYNTHIA SILVERBERG, Notary Public 125 Page 110 1 CERTIFICATE OF OATH 2 STATE OF FLORIDA ) 3 COIINIYOFDUVAL ) 4 L the undersigned authority, certify that 5 JEFFREY MARCUS GRAY personally appated halon me and 6 was duly swam. 7 WITNESS my hand and official sal this 24th 8 day oflanuary, 2015. 9 10 II 12 CYNTHIA SILVERBERG, Notary Public 13 Notary Public -State of Florida My Commission Expires: 14 15 16 17 18 19 Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 AFFIDAVIT OF JOEL EDWARD CHANDLER BEFORE ME, the undersigned authority, personally appeared JOEL CHANDLER, who after being duly sworn, deposes and says that; 1. My name is JOEL CHANDLER, 2. I am over eighteen (18) years of age. 3. I am a resident of Polk County, Florida, 4. ! have personal knowledge of every assertion made in this affidavit.' 5. Citizens Awareness Foundation, Inc., (herein "CAF!"), was formed as a Florida not -Cor -profit corporation by Martin O'Boyle in concert with his son, Jonathan O'Boyle. 6. Jonathan O'Boyle is an attorney admitted in Pennsylvania and New Jersey, but not admitted to practice in Florida. 7. In January 2014, 1 was solicited by Martin O'Boyle to lead a not-for-profit corporation that was, he said, intended to promote open government. That not-for-profit corporation was created at Martin O'Boyle's direction and became known as the "Citizens Awareness Foundation, Inc." or "CAFE' 8. During my discussions with Martin O'Boyle, wherein he sought to hire me to serve as the leader of CAFI, we explicitly agreed that CAFI would have an independent Board of Directors; that the Board of Directors would be entirely free from the influence of Martin O'Boyle or the O'Boyle Law Firm; that I would have absolute and sole discretion regarding the commencement and resolution of open government litigation on behalf of CAFI, and; subject only to the independent Board of Directors, I would have the authority to select and retain law firms for the purpose of engaging in open government litigation. EXHIBIT 9. During January or February of 2014,1 participated in a telephone conversation with Martin O'Boyle and Robert "Bob" Tweel, a tax attomey from West Virginia, Martin O'Boyle and I discussed with Mr. Tweel the absolute necessity that CAFI be a legitimate not -far -profit entity. This included, but was not limited to, the requirement that CAFI use a variety of law firms to represent it so as to avoid the appearance of self-dealing. 10. Martin O'Boyle indicated to Mr. TweeI and to me that he was going to loan all necessary monies to fund CAF[ and, after 501(cx3) status was acquired, write off as a charitable donation all of the monies he had loaned to CAFI. After leaving this meeting I was particularly encouraged that Martin O'Boyle was genuine in his interest to establish a bona fide not-for-profit entity of which I would serve as the Executive Director and that CAFI would afford me the opportunity to more effectively continue my work as a civil rights activist and advocate for open government. 11. Martin O'Boyle appointed Brenda Russell, William Ring and Denise DeMartini to the CAFI Board. 12, Brenda Russell is Martin O'Boyle's long time secretary. She was never present for meetings. In fact, no formal meetings of the Board were ever called or held. For a brief time, Brenda Russell collected my travel and business receipts, all of which were subject to the approval of Martin O'Boyle, 13. William Ring is Martin O'Boyle's longtime business associate and corporate attorney. 14, Denise DeMartini is the long-time employee of Martin O'Boyle or entities that he controls. 15. All of my negotiations for employment by CAFI were with Martin O'Boyle. At no time did I engage in any negotiations regarding the details of my employment, including my compensations, with anyone other than Martin O'Boyle. 16, At Martin O'Boyle's direction 1 drafted and signed a proposed memorandum of understanding regarding my employment by CAN. l have never received a copy of the proposed memorandum of understanding signed or approved by the board of CAFI. 17. 1 served as the Executive Director of CAF[ for approximately five (5) months, through the end of June 2014. 111. I resigned because of repeated instances of conduct perpetuated by Martin O'Boyle, Jonathan O'Boyle, William Ring, Denise DeMartini, and some of the attorneys at the O'Boyle Law Firm, P.C., Inc., (herein the "O'Boyle Law Firm"), as set forth herein, which I believe may be criminal, fraudulent and unethical. 19. My relationship with the O'Boyle Law Firm was not limited to my capacity as the Executive Director of CAFI. As the individual plaintiff in several open government lawsuits, 1 had retained the O'Boyle Law Firm as my personal legal counsel. 20. My communications with the attorneys of the O'Boyle Law Firm, including Jonathan O'Boyle, affected both CAFI and me, as an individual client. 21. Martin O'Boyle and Jonathan O'Boyle told me that Martin O'Boyle was funding the O'Boyle Law Firm. 22. Martin O'Boyle told me that he was also funding CAFI. 23. The Martin O'Boyle business entities, including Commerce Group, Inc., CAFI, and the O'Boyle Law Firm operated from the same physical location and were controlled by Martin O'Boyle, 24. Despite assurances that CAFI would be independent and not-for-profit, Martin O'Boyle and the O'Boyle Law Firm used CAFI for the sole purpose of generating attorney's fees for the O'Boyle Law Firm. 25. Throughout my tenure with CAR, I repeatedly demanded that lawsuits not be filed or settled without my direct authorization. 26. In spite of Martin O'Boyle's initial assurances to the contrary, I was not permitted to retain legal counsel on behalf of CAR, other than the O'Boyle Law Firm. William Ring, CAM's President and Martin O'Boyle's proxy, communicated this to me. 27, On numerous occasions, I teamed that the O'Boyle Law Firm, on behalf of CAFI, had filed lawsuits, without my knowledge or authorization. 28. The O'Boyle Law Firm routinely settled cases without written fee agreements, contingency agreements or closing statements. No accountings of the monies received were provided to me despite my repeated requests for that documentation. 29. Repeatedly, I advised Martin O'Boyle, William Ring and Jonathan O'Boyle that my other personal attorneys had advised it was a serious Bar violation to disburse settlement funds without client approval or closing statements. 30, Despite my protests, the O'Boyle Law Finn continued to file and settle lawsuits on behalf of CAFI and to collect and keep settlement payments. At no time was 1 ever presented with any form of accounting for legal fees or the disbursement of settlement payments. 31. During the O'Boyle Law Firm's representation of CAFl and me, I was personally present, or present by telephone, at numerous O'Boyle Law Firm meetings. Denise DeMartini, Martin O'Boyle's executive assistant and Director of CAFI, conducted these aw firm meetings. During these meetings, and in my presence, many pending 4 cases were discussed. These discussions included the details of cases to which neither CAFI nor 1 were parties. Denise DeMartini is not a member of the Florida Bar. 32. It became commonplace for Martin O'Boyle to express his opinions and to offer his advice with respect to litigation strategies and on the conduct of CAR lawsuits as well as the cases of other firm clients. Jonathan O'Boyle actively participated in these discussions and, in my presence, directed the work of O'Boyle Law Firm attorneys and made litigation decisions. 33. During the course of my employment I learned that Martin O'Boyle directed his secretary to file in excess of 100 public records requests to the Town of Gulf Stream, under the pretense that these were being filed on behalf of CAR He also ordered that lawsuits be filed by CAFI against the Town of Oulf Stream. This was done without my authority and litigation was filed over my objection. 34. When I complained about the fact that Martin and Jonathan O'Boyle were not honoring the commitment that I would have sole authority to make public records requests and conduct litigation, I was told by William Ring that this was `the way Big Daddy wants if', i.e., Martin O'Boyle. Otherwise, "Big Daddy will turn•offthe spigot of money". 35. Jonathan O'Boyle advised me that he was not a member of the Florida Bar but would be become a member within days. During the five months that I worked with CAFI, Jonathan O'Boyle worked full-time at the O'Boyle Law Firm providing legal advice, directing the administration of cases, and assuming responsibility for cases. 36. The O'Boyle Law Firm and Jonathan O'Boyle prosecuted and filed some cases without my permission and settled some cases without my knowledge or consent. 37. No retainer agreements were ever entered into with me on behalf of CAFI. No contingency agreements were entered into with me on behalf of CAFI. No closing statements were ever presented to me and it appears that all monies that were solicited from defendants were paid directly to the O'Boyle Law Firm. 38. Martin O'Boyle, through his entities, funded all of the filing fees and expenses of CAFI as well as the expenses of the O'Boyle Law Firm. CAM has now filed scores, if not hundreds, of cases against state and local agencies throughout Florida as well as various state contractors, 39. The employees of all of Martin O'Boyle's entities, including The Commerce Group, Inc., CAFI and the O'Boyle Law Firm were shared. Denise DeMartini and William Ring worked for Martin O'Boyle, CAM and the O'Boyle Law Firm. 40, Although Martin O'Boyle named Denise DeMartini a director of CAR, she also directed the operations of the O'Boyle Law Firm and conducted law firm meetings. 41. Denise DeMartini repeatedly stated that CAP was required to file at least one hundred lawsuits a month; that all lawsuits had to be directed to the O'Boyle Law Firm for prosecution, and; that as my direct supervisor, she would evaluate my performance based upon my ability to deliver a minimum of twenty-five case per week to the O'Boyle Law Firm. 42 Through William Ring, Martin O'Boyle insisted that the O'Boyle Law Firm handle all litigation. 43. Martin O'Boyle told me he had unlimited money to pay filing fees for CAFI cases and I was to file as many cases as possible. 44. When I asked Martin O'Boyle to quantify how many cases he was willing to finance he said it was virtually unlimited. When 1 again tried to clarify by asking him if he was willing to finance three thousand (3,000) cases in a single year, he said "sure" 45. When I learned it was the policy and practice of the O'Boyle Law Firm to demand settlement of cases against government entities and state contractors for attorney's fees in excess of the fees actually earned I was livid. In fact, I confronted William Ring, Denise DeMartini and Jonathan O'Boyle in May of 2014 and stated in unequivocal terms that I would resign if it didn't stop. 46. In one telephone conversation with Jonathan O'Boyle I warned him at least six times that I was going to resign and that I objected to Denise DeMartini's demands that I produce 100 cases per month, her control of the O'Boyle Law Firm and the windfall scheme of collecting more monies in attorney's fees from defendants, than had actually been earned. 47. Despite these complaints, William Ring, Denise DeMartini and Jonathan O'Boyle told members of the firm that 1 had authorized the windfall scheme. When i learned of this 1 confronted those involved. Nick Taylor, Esquire confirmed that despite my objection, the windfall scheme would continue as firm policy. Shortly thereafter, I announced my resignation. 48. Ryan Witmer and Giovanni Mesa announced they were also going to resign. 44, William Ring announced he was going to become a member of the O'Boyle Law Firm at about that time. 50. Afler I resigned, Martin O'Boyle contacted me by telephone and demanded that 1 withdraw an email I had sent to Nick Taylor regarding Jonathan O'Boyle's unlicensed practice of law and Jonathan O'Boyle's authorship of the windfall scheme. During that call, which was my last conversation with Martin O'Boyle, he repeatedly threatened to bring great "unpleasantness" to my life if I failed to renounce my email to Nick Taylor. 51. Thereafter, Martin O'Boyle repeatedly attempted to contact me by telephone and email seeking my assistance to facilitate CAFI in filing additional lawsuits. 52. After resigning from CAFI I sent an email to numerous newspaper and television news reporters announcing my resignation. I copied that announcement to dozens of individuals, including Robert Sweetapple, Esquire, to notify them of my disassociation and disapproval of the O'Boyles and their activities. 53. Within a few days of my resignation from CAFI, I granted an interview with a reporter from the Lakeland Ledger and provided many of the details contained within this affidavit. 54. Prior to emailing Robert Sweetapple, I had never met him, spoken to him, nor had he or any members of his firm contacted me. 55. Prior to my emailing the law firm of Jones Foster, I had never had any contact with Joanne O'Connor, Esquire, or any member of that law firm. 56. My subsequent contact with Robert Sweetapple and Joanne O'Conner was entirely the result of own initiative. 57. I sent my email to Robert Sweetapple because I knew he represented the Town of Gulf Stream, which I believed was being victimized by Martin O'Boyle and the O'Boyle Law Firm and 1 was concerned that the conduct of Martin O'Boyle and the O'Boyle Law Firm might be illegal and fraudulent. 58.1 believed that I had a duty to make all victims, including the Town of Gulf Stream, aware of what I learned during my association with Martin and Jonathan O'Boyle. For example, Martin O'Boyle's orchestration of more than one hundred public records requests being served upon the Town of Gulf Stream, allegedly under the name of CAFI, but without my authorization; Martin O'Boyle's direction that lawsuits be filed by the O'Boyle Law Firm in the name of CAFI against the Town of Gulf Stream but without my authorization, and; in spite of my objections, Martin O'Boyle's use of CAFI as a weapon in his personal vendetta against the Town. 59. Prior to contacting Robert Sweetapple to make him aware of my concerns regarding Martin and Jonathan O'Boyle's conduct, I met with numerous private anomeys. As a result of those meetings I concluded that I had a duty to disassociate myself from the O'Boyles and to make full disclosure of any illegal and fraudulent activities. I have also contacted numerous other victims and their attorneys to advise them of the conduct of the O'Boyles and to provide them with evidence of such conduct. 60. Before speaking with Robert Sweetapple on the phone I spoke with Joanne O'Connor by telephone and made her aware of the misconduct. 61. I then provided to Robert Sweetapple evidence of what 1 believe may be fraudulent and criminal conduct as well as a detailed chronology of events. 62. Thereafter, I spoke with Robert Sweetapple and gave him permission to meet with me and to take a voluntary sworn video statement concerning my involvement with Martin O'Boyle, Jonathan O'Boyle, CAF[ and the O'Boyle Law Firm. 63. At all times Robert Sweetapple made me aware of the application of the lawyer -client privilege, both as it pertained to CAFI and to me personally, l determined, based upon independent legal advice, that I was fully permitted and had a duty to disclose what I believe to be the criminal and fraudulent conduct of Martin O'Boyle, Jonathan O'Boyle, CAFI and the O'Boyle Law Firm, l also voluntarily waived privileged matters that arose from the joint representation by the O'Boyle Law Firm, 64. In spite of the many contrary assurances made by Martin O'Boyle to me, including the exercise of my independent judgment and meaningful economic resources to be used to promote the public's right to access government records and meeting, in reality CAFI's sole purpose is to serve as an exclusive in-house mechanism whereby the O'Boyle Law Firm can generate legal fees by filing hundreds of open government lawsuits. 65. The egregiousness of the scheme was exacerbated by the O'Boyle Law Firm's policy of demanding excessive and unearned legal fees from defendants as a condition of settlement. 66. Simply put, CAFI is a profit -generating scheme funded by Martin O'Boyle to produce fees for his son's legal practice. 67. Allegations that Joanne O'Conner, Robert Sweetapple or their firms purposely solicited and obtained confidential information from me is false. The allegation that this was done to gain an unfair advantage in litigation is further false. 68. The information that I provided to Robert Sweetapple and Joanne O'Connor was not intended to provide an unfair advantage to the Town of Gulf Stream, but to make the Town and all other victims aware of what I believe to be the fraudulent, criminal and professionally unethical conduct of Martin O'Boyle, Jonathan O'Boyle, CAFI and the O'Boyle Law Firm, 69. Robert Sweetapple and Joanne O'Connor did not solicit privileged information from me. I voluntarily contacted them and made my own determination, after meetings with 10 independent counsel, as to what Information and documents to provide to victims. 70. My sole motivation for contacting the media, victims and their attorneys, proving evidence, inviting the laking of my swom statements and authoring this affidavit is to protect the essential civil right of all Floridians to know what their government is doing in their name and at their expense. It is my considered opinion that the unconscionable conduct of Martin O'Boyle, Jonathan O'Boyle, CAFI and the O'Boyle Law Firm serves as an example of tic abuse of our legal system and will be used by opponents of open government as an excuse to limit the public's right to know. FURTHER AFFIANT SAXETH NAUGH . JO ANDLER swORN TO AND SUBSCRIBED before me this�7 day of October, 2014. °M°4 AMI:ER "1"0" KELLY ��? Notary !!e •Stam al Flarma NOTARY PUBLI ,` Lty comi o # May 69 9 t¢ad Commion Y EE 166909 �t:� /�1 'tn11L']h�-!•YI Printed Name of My Commissions Personally known Produced Identification rr .77 Identification produced:_a: dJ� II C. mcf.y 31,2oIs