Metro South - Commissioner E-mail Search
Thank you. I will advise the City's defense attorneys by forwarding
this email string to them.
Very truly yours,
Thomas F. Pepe
City Attorney
City of South Miami
1450 Madruga Avenue, Ste 202,
Coral Gables, Florida 33146
Tel: (305) 667-2564
Fax: (305) 341-0584
E-mail: tpepe@southmiamifl.gov
ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL
INFORMATION intended only for the use of the addressee named above. If
you are not the intended receiver, you are hereby notified that any
dissemination of this communication is strictly prohibited. If you have
received this e-mail in error, please immediately notify us by
telephone, call collect if outside of your area code and delete this
e-mail. We will reimburse you for the cost of your long distance call.
Thank you. Please also note: All e-mails to and from this e-mail site
are kept as a public record. Your e-mail communications, including your
e-mail address may be disclosed to the public and media at any time
pursuant to Florida Statutes, ch. 119.
________________________________
From: Steven J. Alexander
Sent: Wednesday, February 13, 2013 2:11 PM
To: Pepe, Thomas F.
Cc: Brimo, Christopher; Steven J. Alexander
Subject: Fwd: Metro South - Commissioner E-mail Search
Mr. Pepe
Please see the attached per your prior email reminder on this issue.
If you have any questions please contact me or Mr. Brimo.
Thanks
Steven
Begin forwarded message:
From: "Brimo, Christopher" <CBrimo@southmiamifl.gov>
To: "Steven J. Alexander" <SAlexander@southmiamifl.gov>
Cc: "Pepe, Thomas F." <TPepe@southmiamifl.gov>
Subject: RE: Metro South - Commissioner E-mail Search
Mr. Alexander:
Per your request please review the following.
Ms. Stacy Linton and two of her associates with James K. Green
Esq., met with me on Tuesday October 2, 2012, to review Planning &
Zoning Department files that were requested in Metro South public
records request letter (including the items listed in your email). All
the files were made available for their review, of which they tagged
copies they wanted reproduced. My department produced copies of all
documents that were requested on that day. Please refer to the attached
list of files. Requested materials were delivered to the City Clerk on
October 4, 2012 with the reproduction costs. The Clerks office would
contact Mr. Green for document pickup.
There was also request by Ms. Linton for copies of video from
two Planning Board hearings, unrelated to the Metro South development.
Copies of these two DVD's were mailed directly to Ms. Linton with copies
also going to the City's defense team and City Attorney. I sent an email
to Mr. Pepe on October 3, 2012 advising of the additional request.
The City Clerk's office provided me today with a copy of a fax
transmission from October 17, 2012 to James K. Green, P.A. advising that
the Planning & Zoning materials requested by his associates were
available for pickup. I have attached the documents provided by the City
Clerk.
Please advise if you require additional information. Thank you.
Chris
Christopher Brimo, AICP
Planning Director
City of South Miami
6130 Sunset Drive South Miami, FL 33143
Tel: (305) 663-6326/6327
[Southmiamiseal 1x1][120px-Tree_City_USA2] [email]
The City of South Miami is a public entity, subject to Chapter
119 of the Florida Statutes concerning public records. E-mail messages
and their attachments are covered under such laws and thus subject to
disclosure. All e-mail sent to and received at this address, is captured
by our servers and kept as a public record.
From: Steven J. Alexander
Sent: Wednesday, February 13, 2013 9:25 AM
To: Brimo, Christopher; Menendez, Maria M.
Subject: FW: Metro South - Commissioner E-mail Search
Can either of you give e an update on the status of the request
enumerated below?
1. All records relating to an "Ordinance amending Section
20-8.9 of the Land Development Code titled Special Exceptions within the
TODD district, in order to include additional criteria for defining
large scale developments; providing conditions for review and approval;
providing for the expiration and extension of approvals. 3/5 (City
Manager-Planning & Zoning)."
2. All correspondence regarding an "Ordinance amending Section
20-8.9 of the Land Development Code titled Special Exceptions within the
TODD district, in order to include additional criteria for defining
large scale developments; providing conditions for review and approval;
providing for the expiration and extension of approvals. 3/5 (City
Manager-Planning & Zoning)."
3. All legal opinions or legal memoranda regarding an
"Ordinance amending Section 20-8.9 of the Land Development Code titled
Special Exceptions within the TODD district, in order to include
additional criteria for defining large scale developments; providing
conditions for review and approval; providing for the expiration and
extension of approvals. 3/5 (City Manager-Planning & Zoning)."
4. All records relating to the rezoning request submitted by
Metro South Senior Apartments Limited Partnership for the 6,700 square
foot rear portion of the site that comprises 6101 Sunset Drive, Folio
#09-4025-011-0100.
5. All correspondence regarding the rezoning request submitted
by Metro South Senior Apartments Limited Partnership for the 6,700
square foot rear portion of the site that comprises 6101 Sunset Drive,
Folio #09-4025-011-0100.
6. All legal opinions or legal memoranda regarding the
rezoning request submitted by Metro South Senior Apartments Limited
Partnership for the 6,700 square foot rear portion of the site that
comprises 6101 Sunset Drive, Folio #09-4025-011-0100.
7. Please provide all calendars and visitors' logs for Philip
K. Stoddard, Valerie Newman, Walter A. Harris, Bob Welsh, Jr., Josh
Liebman, Hector Mirabile, Thomas Pepe, Christopher Brimo, Luigi
Vitalini, Dean Whitman, Claudia Hauri, Jorge Cruz, Sally B. Philips,
James Dundorf, Yvonne Beckman and/or their staffs between January 1,
2011 and present kept anywhere.
8. Please provide a current zoning map of the City.
9. Any and all records relating to or referencing the United
States Census or the Department of Housing and Urban Development since
January 1, 2008.
10. If any of the records requested above have been
destroyed, please provide any and all records authorizing the
destruction thereof.
Thanks
From: Pepe, Thomas F.
Sent: Tuesday, February 12, 2013 6:51 PM
To: jameskgreen@bellsouth.net<mailto:jameskgreen@bellsouth.net>;
'Boulris, Amy'
Cc: aamigo@rrbpa.com<mailto:aamigo@rrbpa.com>;
lreynolds@rrbpa.com<mailto:lreynolds@rrbpa.com>; Steven J. Alexander
Subject: RE: Metro South - Commissioner E-mail Search
Thank you for your response. We are proceeding diligently to
review the more than 21,000 emails and associated documents produced for
our review to filter out the privileged documents. I believe that we
have released approximately 12,000 of those documents to date and they
have been transferred to the shared folder on Relativity to which your
team has access.
I will forward your email to the new City Manager to check on
the production of the items that are not emails.
Very truly yours,
Thomas F. Pepe
City Attorney
City of South Miami
1450 Madruga Avenue, Ste 202,
Coral Gables, Florida 33146
Tel: (305) 667-2564
Fax: (305) 341-0584
E-mail: tpepe@southmiamifl.gov<mailto:tpepe@southmiamifl.gov>
ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL
INFORMATION intended only for the use of the addressee named above. If
you are not the intended receiver, you are hereby notified that any
dissemination of this communication is strictly prohibited. If you have
received this e-mail in error, please immediately notify us by
telephone, call collect if outside of your area code and delete this
e-mail. We will reimburse you for the cost of your long distance call.
Thank you. Please also note: All e-mails to and from this e-mail site
are kept as a public record. Your e-mail communications, including your
e-mail address may be disclosed to the public and media at any time
pursuant to Florida Statutes, ch. 119.
________________________________
From: James K. Green [campeon@bellsouth.net]
Sent: Tuesday, February 12, 2013 6:39 PM
To: Pepe, Thomas F.; jameskgreen@bellsouth.net
<mailto:jameskgreen@bellsouth.net> <mailto:jameskgreen@bellsouth.net>;
'Boulris, Amy'
Cc: aamigo@rrbpa.com<mailto:aamigo@rrbpa.com>;
lreynolds@rrbpa.com<mailto:lreynolds@rrbpa.com>
Subject: RE: Metro South - Commissioner E-mail Search
Dear Mr. Pepe:
This is response to your email dates February 1, 2013 asking:
“I noticed that your "First Request for Production" appears to
request the same e-mails that were requested in you[r] public record
request. May I presume that our current process of producing those
emails will be tantamount to a formal response to the 1st request for
production? Would this also be true of our response to the other items
that have previously been produced in response to your public record
request?”
As to your first question, we still haven’t received all (or
most) emails responsive to our public request dated August 22, 2012,
especially emails on private accounts where most commissioners have not
consented to the requested searches. That said, footnote one of the
First Request for Production addresses compliance with that request by
commissioners who consented to execution of the agreed term search by
Credence on their personal computers prior to serving the First Request
for Production. Further, the First Request for Production is submitted
under the Federal Rules of Civil Procedure which imposes a continuing
duty to supplement. That noted, there will be no requirement that the
City duplicate in its Response to our First Request for Production that
which has been produced in response to our public records request.
As to your second question, you mention “other items that have
previously been produced in response to your public record request.” I
am not sure what you mean by “other items.” The public records request
has been pending for more than five months, and all we've received is
minutes of meetings and city manager reports with some attachments, and
some of the emails from the City’s server.
I don't think we received all (or any) of the following:
1. All records relating to an "Ordinance amending Section
20-8.9 of the Land Development Code titled Special Exceptions within the
TODD district, in order to include additional criteria for defining
large scale developments; providing conditions for review and approval;
providing for the expiration and extension of approvals. 3/5 (City
Manager-Planning & Zoning)."
2. All correspondence regarding an "Ordinance amending Section
20-8.9 of the Land Development Code titled Special Exceptions within the
TODD district, in order to include additional criteria for defining
large scale developments; providing conditions for review and approval;
providing for the expiration and extension of approvals. 3/5 (City
Manager-Planning & Zoning)."
3. All legal opinions or legal memoranda regarding an
"Ordinance amending Section 20-8.9 of the Land Development Code titled
Special Exceptions within the TODD district, in order to include
additional criteria for defining large scale developments; providing
conditions for review and approval; providing for the expiration and
extension of approvals. 3/5 (City Manager-Planning & Zoning)."
4. All records relating to the rezoning request submitted by
Metro South Senior Apartments Limited Partnership for the 6,700 square
foot rear portion of the site that comprises 6101 Sunset Drive, Folio
#09-4025-011-0100.
5. All correspondence regarding the rezoning request submitted
by Metro South Senior Apartments Limited Partnership for the 6,700
square foot rear portion of the site that comprises 6101 Sunset Drive,
Folio #09-4025-011-0100.
6. All legal opinions or legal memoranda regarding the
rezoning request submitted by Metro South Senior Apartments Limited
Partnership for the 6,700 square foot rear portion of the site that
comprises 6101 Sunset Drive, Folio #09-4025-011-0100.
7. Please provide all calendars and visitors' logs for Philip
K. Stoddard, Valerie Newman, Walter A. Harris, Bob Welsh, Jr., Josh
Liebman, Hector Mirabile, Thomas Pepe, Christopher Brimo, Luigi
Vitalini, Dean Whitman, Claudia Hauri, Jorge Cruz, Sally B. Philips,
James Dundorf, Yvonne Beckman and/or their staffs between January 1,
2011 and present kept anywhere.
8. Please provide a current zoning map of the City.
9. Any and all records relating to or referencing the United
States Census or the Department of Housing and Urban Development since
January 1, 2008.
10. If any of the records requested above have been
destroyed, please provide any and all records authorizing the
destruction thereof.
James K. Green, Esq.
JAMES K. GREEN, P.A.
Suite 1650, Esperantè
222 Lakeview Ave.
West Palm Beach, FL 33401
Telephone: 561-659-2029
Facsimile: 561-655-1357
Email: jkg@jameskgreenlaw.com<mailto:jkg@jameskgreenlaw.com>
jameskgreenlaw.com
P Please consider the environment before printing this e-mail.
NOTICE: This electronic mail transmission from the law firm of
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From: Pepe, Thomas F. [mailto:TPepe@southmiamifl.gov]
Sent: Friday, February 01, 2013 4:49 PM
To: jameskgreen@bellsouth.net<mailto:jameskgreen@bellsouth.net>;
'Boulris, Amy'
Cc: aamigo@rrbpa.com<mailto:aamigo@rrbpa.com>;
lreynolds@rrbpa.com<mailto:lreynolds@rrbpa.com>
Subject: RE: Metro South - Commissioner E-mail Search
Dear Mr. Green:
I noticed that your "First Request for Production" appears to
request the same e-mails that were requested in you public record
request. May I presume that our current process of producing those
emails will be tantamount to a formal response to the 1st request for
production? Would this also be true of our response to the other items
that have previously been produced in response to your public record
request?
Very truly yours,
Thomas F. Pepe
City Attorney
City of South Miami
1450 Madruga Avenue, Ste 202,
Coral Gables, Florida 33146
Tel: (305) 667-2564
Fax: (305) 341-0584
E-mail: tpepe@southmiamifl.gov<mailto:tpepe@southmiamifl.gov>
ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL
INFORMATION intended only for the use of the addressee named above. If
you are not the intended receiver, you are hereby notified that any
dissemination of this communication is strictly prohibited. If you have
received this e-mail in error, please immediately notify us by
telephone, call collect if outside of your area code and delete this
e-mail. We will reimburse you for the cost of your long distance call.
Thank you. Please also note: All e-mails to and from this e-mail site
are kept as a public record. Your e-mail communications, including your
e-mail address may be disclosed to the public and media at any time
pursuant to Florida Statutes, ch. 119.
________________________________
From: James K. Green [campeon@bellsouth.net]
Sent: Friday, February 01, 2013 3:28 PM
To: Pepe, Thomas F.; 'Boulris, Amy'
Cc: jameskgreen@bellsouth.net<mailto:jameskgreen@bellsouth.net>
Subject: RE: Metro South - Commissioner E-mail Search
Mr. Pepe,
Attached please find the requests for production.
James K. Green, Esq.
JAMES K. GREEN, P.A.
Suite 1650, Esperantè
222 Lakeview Ave.
West Palm Beach, FL 33401
Telephone: (561) 659-2029
www.jameskgreenlaw.com<http://www.jameskgreenlaw.com>
From: Pepe, Thomas F. [mailto:TPepe@southmiamifl.gov]
Sent: Friday, February 01, 2013 3:26 PM
To: Boulris, Amy
Cc: jameskgreen@bellsouth.net<mailto:jameskgreen@bellsouth.net>
Subject: RE: Metro South - Commissioner E-mail Search
Dear Ms. Boulris:
Commissioners Harris and Welsh have agreed to have Credence do
the search of their private email addresses under the confidentiality
agreement. I cannot advise you of the scheduled inspection date of the
commissioners' emails or the retrieval, review and production of any
responsive emails stored on their devices until Credence has the emails.
Neither you nor Credence have provided me with the procedure that needs
to be followed to accomplish this task. Please let me know what
Commissioners Harris and Welsh need to do.
Please send me a copy of the request for production of public
records stored on the Commissioners' personal devices that you filed in
the federal case.
Please also send me a copy of the subpoenas to non-consenting
Commissioners.
I had previously requested a confirmation on the search terms
for transmission to the commission members and board members so that
they can comply with your public records request, but you failed to
provide it to me. As I previously explained to you, the original spread
sheet is too confusing because it contains duplicate search terms and
irrelevant information. I sent you a revised spread sheet for your
approval but never got a satisfactory response. Please confirm that the
revised and simplified search term spread sheet is satisfactory so that
I can have the members of the city commission and the planning board
comply with the public records request.
Since you are not having the entire database "imaged" for our
redaction of privileged documents, I cannot guarantee the time frame
previously agreed upon. If the entire database is not imaged, it will
take longer to review the documents since there will be an additional
step to image each document before reviewing it. You can either save
money or time; it depends on what is more important to you.
Very truly yours,
Thomas F. Pepe
City Attorney
City of South Miami
1450 Madruga Avenue, Ste 202,
Coral Gables, Florida 33146
Tel: (305) 667-2564
Fax: (305) 341-0584
E-mail: tpepe@southmiamifl.gov<mailto:tpepe@southmiamifl.gov>
ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL
INFORMATION intended only for the use of the addressee named above. If
you are not the intended receiver, you are hereby notified that any
dissemination of this communication is strictly prohibited. If you have
received this e-mail in error, please immediately notify us by
telephone, call collect if outside of your area code and delete this
e-mail. We will reimburse you for the cost of your long distance call.
Thank you. Please also note: All e-mails to and from this e-mail site
are kept as a public record. Your e-mail communications, including your
e-mail address may be disclosed to the public and media at any time
pursuant to Florida Statutes, ch. 119.
________________________________
From: Boulris, Amy [ABoulris@gunster.com]
Sent: Friday, February 01, 2013 7:58 AM
To: Pepe, Thomas F.
Cc: jameskgreen@bellsouth.net<mailto:jameskgreen@bellsouth.net>
Subject: Re: Metro South - Commissioner E-mail Search
Thanks for this confirmation, Mr. Pepe.
By copy to Mr. Green, this will confirm that, as a result of
their compliance with public records laws, subpoenas will not be
directed at this time to Commissioners Harris and Welsh. That said,
please advise us of the scheduled inspection date, so that we are
comfortable retrieval, review and production of any responsive emails
stored on their devices will be produced timely. Regarding your review
prior to production, we contemplated that any search results would be
subject to the same treatment as public records stored on the City's
main database, allowing you to review and redact where appropriate prior
to production.
Yesterday a request for production directed to ESI public
records stored on Commissioners' personal devices was filed in the
federal case. A motion to shorten time for that production will be
filed shortly as well as subpoenas to non-consenting Commissioners. We
trust you have counseled Commissioners about preservation of records and
generally about the consequences of spoliation (whether intentional or
inadvertent).
We are putting the stipulated terms into filable form and will
send over for your execution (though it will not be filed unless
necessary to enforcement). Meanwhile, we understand that the
de-duplicated database was successfully uploaded by Credence and that
you were able to have additional training with that actual data. We
also understand that Credence was able to clarify that the entire
database does not need to be "imaged" in order for you to redact
partially privileged documents, since that can be done on a
document-by-document basis within Credence (this is why I could not
approve the thousands of dollars of additional expense for imaging the
whole database). We look forward to a release of non-privileged emails
by the end of business today.
Sincerely,
[cid:image008.png@01CE09E3.1DBC02D0]
Amy Brigham Boulris | Shareholder
2 South Biscayne Boulevard, Suite #3400
Miami, FL 33131-1897
P (305) 376-6062
gunster.com<http://www.gunster.com/> |
aboulris@gunster.com<mailto:aboulris@gunster.com>
From: <Pepe>,
"TPepe@southmiamifl.gov<mailto:TPepe@southmiamifl.gov>"
<TPepe@southmiamifl.gov<mailto:TPepe@southmiamifl.gov>>
Date: Thursday, January 31, 2013 11:02 AM
To: Amy Boulris
<aboulris@gunster.com<mailto:aboulris@gunster.com>>
Cc: "Harris, Walter"
<WHarris@southmiamifl.gov<mailto:WHarris@southmiamifl.gov>>, "Welsh,
Bob" <BWelsh@southmiamifl.gov<mailto:BWelsh@southmiamifl.gov>>
Subject: RE: Metro South - Commissioner E-mail Search
Commissioner Harris and Welsh have agreed to have Credence do
the search of their private email addresses under the confidentiality
agreement. However, only their emails that are related to city business
would be discoverable as a public record and, therefore, they would need
to come into my office and redact all the private emails.
Very truly yours,
Thomas F. Pepe
City Attorney
City of South Miami
1450 Madruga Avenue, Ste 202,
Coral Gables, Florida 33146
Tel: (305) 667-2564
Fax: (305) 341-0584
E-mail: tpepe@southmiamifl.gov<mailto:tpepe@southmiamifl.gov>
ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL
INFORMATION intended only for the use of the addressee named above. If
you are not the intended receiver, you are hereby notified that any
dissemination of this communication is strictly prohibited. If you have
received this e-mail in error, please immediately notify us by
telephone, call collect if outside of your area code and delete this
e-mail. We will reimburse you for the cost of your long distance call.
Thank you. Please also note: All e-mails to and from this e-mail site
are kept as a public record. Your e-mail communications, including your
e-mail address may be disclosed to the public and media at any time
pursuant to Florida Statutes, ch. 119.
________________________________
From: Boulris, Amy
[ABoulris@gunster.com<mailto:ABoulris@gunster.com>]
Sent: Thursday, January 31, 2013 10:36 AM
To: Pepe, Thomas F.
Subject: FW: Metro South - Commissioner E-mail Search
Mr. Pepe,
I received no response to the email below yesterday. We will
assume that no commissioners have consented to the term search by
Credence and will govern ourselves accordingly. If you did attempt to
reply and if this is incorrect, please contact me immediately.
[cid:image008.png@01CE09E3.1DBC02D0]
Amy Brigham Boulris | Shareholder
2 South Biscayne Boulevard, Suite #3400
Miami, FL 33131-1897
P (305) 376-6062
gunster.com<http://www.gunster.com/> |
aboulris@gunster.com<mailto:aboulris@gunster.com>
From: <Boulris>, Amy Boulris
<aboulris@gunster.com<mailto:aboulris@gunster.com>>
Date: Wednesday, January 30, 2013 1:46 PM
To: "TPepe@southmiamifl.gov<mailto:TPepe@southmiamifl.gov>"
<TPepe@southmiamifl.gov<mailto:TPepe@southmiamifl.gov>>
Cc: 'Ryan Gleason'
<RGleason@credencecorp.com<mailto:RGleason@credencecorp.com>>
Subject: RE: Metro South - Commissioner E-mail Search
Mr. Pepe,
I have been away from my office several days in connection with
a trial in Jacksonville, and am just now seeing your email below. Metro
has not stipulated to what is proposed there.
Metro stipulated to have a Credence IT professional search
personal devices housing case-relevant public records (records within
the search terms previously utilized to search the City’s main
database). Metro insisted on this because it cannot be sure that
commission members and planning board members know how to accurately run
the searches, harvest search results without corruption, and make copies
in usable format. This needs to be done by IT professionals, just as
the term search of the City’s database was done.
By the end of business today, please advise which commissioners
and planning board members have consented to execution of the agreed
term search by Credence, and the dates upon which the searches have been
scheduled to occur. This will allow us to direct appropriate subpoenas
or other forms of discovery to non-consenting public records custodians
in the federal litigation. We request the dates of scheduled searches
for consenting records custodians so we can assess whether harvesting,
review, and production can be done in the stipulated time frame (45 days
from your 1/18/13 email). Federal discovery papers are currently being
drafted and will be filed by the end of the week. The City’s response
to this email (or any lack thereof) will inform those filings.
Sincerely,
[http://gunsternet/myBizCardSignature/images/glogoflbiz.jpg]
Amy Brigham Boulris | Shareholder
2 South Biscayne Boulevard, Suite #3400
Miami, FL 33131-1897
P (305) 376-6062
gunster.com<http://www.gunster.com/> |
aboulris@gunster.com<mailto:aboulris@gunster.com>
From: Pepe, Thomas F. [mailto:TPepe@southmiamifl.gov]
Sent: Friday, January 25, 2013 12:06 PM
To: Boulris, Amy
Cc: James K. Green; Stoddard, Philip K.
Subject: RE: Metro South - Commissioner E-mail Search
Dear Ms. Boulris:
There has been a lot of confusion regarding the spread sheet. I
now understand that the spread sheet that I previously sent you was
created by IDC to show how it did its initial search and the results of
its final search. It contains irrelevant columns of numbers and the
books/sheets are duplicated. In order to make it simpler I have reduced
the spread sheet to one page and it is attached. Please confirm that
the one page is what the commission members and planning board members
are supposed to be using to search their private e-mail accounts.
Very truly yours,
Thomas F. Pepe
City Attorney
City of South Miami
1450 Madruga Avenue, Ste 202,
Coral Gables, Florida 33146
Tel: (305) 667-2564
Fax: (305) 341-0584
E-mail: tpepe@southmiamifl.gov<mailto:tpepe@southmiamifl.gov>
ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL
INFORMATION intended only for the use of the addressee named above. If
you are not the intended receiver, you are hereby notified that any
dissemination of this communication is strictly prohibited. If you have
received this e-mail in error, please immediately notify us by
telephone, call collect if outside of your area code and delete this
e-mail. We will reimburse you for the cost of your long distance call.
Thank you. Please also note: All e-mails to and from this e-mail site
are kept as a public record. Your e-mail communications, including your
e-mail address may be disclosed to the public and media at any time
pursuant to Florida Statutes, ch. 119.
________________________________
From: Boulris, Amy
[ABoulris@gunster.com<mailto:ABoulris@gunster.com>]
Sent: Tuesday, January 22, 2013 11:08 AM
To: Pepe, Thomas F.
Cc: James K. Green
Subject: Re: Metro South - Commissioner E-mail Search
Mr. Pepe,
I am doing my civic duty reporting for jury duty today, thus my
rather short iPad response from the jury pool room.
Thank you for relaying Conmissioner Walsh's willingness to
cooperate. We will need to coordinate the search with Credence per the
stip terms - please contact Ryan Gleason with the necessary information
to allow Credence access.
The mayor's questions are understandable, however we would need
credence to perform the search ans our team decide relevance. It is
also apparent that the mayor does not know that many of the terms (in
fact the ones mentioned on his question) were used as limiting terms
within results for initial search terms, as you know from our meetings
and correspondence about how the city's mainframe would be searched. The
mayor may not have the software or IT training to execute this search
properly. Please recommend the stipulated approach to him and remind
him there is a confidentiality agreement in place with Credence. We do
appreciate his apparent interest in cooperating.
Regards,
Amy
On Jan 22, 2013, at 10:45 AM, "Pepe, Thomas F."
<TPepe@southmiamifl.gov<mailto:TPepe@southmiamifl.gov>> wrote:
Dear Ms. Boulris:
Commissioner Welsh has agreed to use Credence.
The Mayor has the following questions:
I have begun the task and I can complete it one of two ways:
1. Use each search term, then screen by hand for anything
possibly relevant to their interests.
2. Use each search term and give them a massive dump of
everything. We are talking thousands of messages that have nothing to do
their project.
Method #1 is working, but taking some time.
Method #2 is insane, because words like "stop" and "block" and
"deal" are so generic as to hit half my email database. It would take
forever to screen out the potentially objectionable or personal stuff
that gets into this account.
I prefer method #1 as more efficient for all parties concerned.
Am I required to use method #2?
Please provide me with an answer to the Mayor's questions.
Very truly yours,
Thomas F. Pepe
City Attorney
City of South Miami
1450 Madruga Avenue, Ste 202,
Coral Gables, Florida 33146
Tel: (305) 667-2564
Fax: (305) 341-0584
E-mail: tpepe@southmiamifl.gov<mailto:tpepe@southmiamifl.gov>
ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL
INFORMATION intended only for the use of the addressee named above. If
you are not the intended receiver, you are hereby notified that any
dissemination of this communication is strictly prohibited. If you have
received this e-mail in error, please immediately notify us by
telephone, call collect if outside of your area code and delete this
e-mail. We will reimburse you for the cost of your long distance call.
Thank you. Please also note: All e-mails to and from this e-mail site
are kept as a public record. Your e-mail communications, including your
e-mail address may be disclosed to the public and media at any time
pursuant to Florida Statutes, ch. 119.
________________________________
Tax Advice Disclosure: To ensure compliance with requirements
imposed by the IRS under Circular 230, we inform you that any U.S.
federal tax advice contained in this communication (including any
attachments), unless otherwise specifically stated, was not intended or
written to be used, and cannot be used, for the purpose of (1) avoiding
penalties under the Internal Revenue Code or (2) promoting, marketing or
recommending to another party any matters addressed herein. Click the
following hyperlink to view the complete Gunster IRS Disclosure &
Confidentiality note.
http://www.gunster.com/terms-of-use/
er.com/> |
aboulris@gunster.com<mailto:aboulris@gunster.com>
From: <Boulris>, Amy Boulris
<aboulris@gunster.com<mailto:aboulris@gunster.com>>
Date: Wednesday, January 30, 2013 1:46 PM
To: "TPepe@southmiamifl.gov<mailto:TPepe@southmiamifl.gov>"
<TPepe@southmiamifl.gov<mailto:TPepe@southmiamifl.gov>>
Cc: 'Ryan Gleason'
<RGleason@credencecorp.com<mailto:RGleason@credencecorp.com>>
Subject: RE: Metro South - Commissioner E-mail Search
Mr. Pepe,
I have been away from my office several days in connection with
a trial in Jacksonville, and am just now seeing your email below. Metro
has not stipulated to what is proposed there.
Metro stipulated to have a Credence IT professional search
personal devices housing case-relevant public records (records within
the search terms previously utilized to search the City’s main
database). Metro insisted on this because it cannot be sure that
commission members and planning board members know how to accurately run
the searches, harvest search results without corruption, and make copies
in usable format. This needs to be done by IT professionals, just as
the term search of the City’s database was done.
By the end of business today, please advise which commissioners
and planning board members have consented to execution of the agreed
term search by Credence, and the dates upon which the searches have been
scheduled to occur. This will allow us to direct appropriate subpoenas
or other forms of discovery to non-consenting public records custodians
in the federal litigation. We request the dates of scheduled searches
for consenting records custodians so we can assess whether harvesting,
review, and production can be done in the stipulated time frame (45 days
from your 1/18/13 email). Federal discovery papers are currently being
drafted and will be filed by the end of the week. The City’s response
to this email (or any lack thereof) will inform those filings.
Sincerely,
[http://gunsternet/myBizCardSignature/images/glogoflbiz.jpg]
Amy Brigham Boulris | Shareholder
2 South Biscayne Boulevard, Suite #3400
Miami, FL 33131-1897
P (305) 376-6062
gunster.com<http://www.gunster.com/> |
aboulris@gunster.com<mailto:aboulris@gunster.com>
From: Pepe, Thomas F. [mailto:TPepe@southmiamifl.gov]
Sent: Friday, January 25, 2013 12:06 PM
To: Boulris, Amy
Cc: James K. Green; Stoddard, Philip K.
Subject: RE: Metro South - Commissioner E-mail Search
Dear Ms. Boulris:
There has been a lot of confusion regarding the spread sheet. I
now understand that the spread sheet that I previously sent you was
created by IDC to show how it did its initial search and the results of
its final search. It contains irrelevant columns of numbers and the
books/sheets are duplicated. In order to make it simpler I have reduced
the spread sheet to one page and it is attached. Please confirm that
the one page is what the commission members and planning board members
are supposed to be using to search their private e-mail accounts.
Very truly yours,
Thomas F. Pepe
City Attorney
City of South Miami
1450 Madruga Avenue, Ste 202,
Coral Gables, Florida 33146
Tel: (305) 667-2564
Fax: (305) 341-0584
E-mail: tpepe@southmiamifl.gov<mailto:tpepe@southmiamifl.gov>
ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL
INFORMATION intended only for the use of the addressee named above. If
you are not the intended receiver, you are hereby notified that any
dissemination of this communication is strictly prohibited. If you have
received this e-mail in error, please immediately notify us by
telephone, call collect if outside of your area code and delete this
e-mail. We will reimburse you for the cost of your long distance call.
Thank you. Please also note: All e-mails to and from this e-mail site
are kept as a public record. Your e-mail communications, including your
e-mail address may be disclosed to the public and media at any time
pursuant to Florida Statutes, ch. 119.
________________________________
From: Boulris, Amy
[ABoulris@gunster.com<mailto:ABoulris@gunster.com>]
Sent: Tuesday, January 22, 2013 11:08 AM
To: Pepe, Thomas F.
Cc: James K. Green
Subject: Re: Metro South - Commissioner E-mail Search
Mr. Pepe,
I am doing my civic duty reporting for jury duty today, thus my
rather short iPad response from the jury pool room.
Thank you for relaying Conmissioner Walsh's willingness to
cooperate. We will need to coordinate the search with Credence per the
stip terms - please contact Ryan Gleason with the necessary information
to allow Credence access.
The mayor's questions are understandable, however we would need
credence to perform the search ans our team decide relevance. It is
also apparent that the mayor does not know that many of the terms (in
fact the ones mentioned on his question) were used as limiting terms
within results for initial search terms, as you know from our meetings
and correspondence about how the city's mainframe would be searched. The
mayor may not have the software or IT training to execute this search
properly. Please recommend the stipulated approach to him and remind
him there is a confidentiality agreement in place with Credence. We do
appreciate his apparent interest in cooperating.
Regards,
Amy
On Jan 22, 2013, at 10:45 AM, "Pepe, Thomas F."
<TPepe@southmiamifl.gov<mailto:TPepe@southmiamifl.gov>> wrote:
Dear Ms. Boulris:
Commissioner Welsh has agreed to use Credence.
The Mayor has the following questions:
I have begun the task and I can complete it one of two ways:
1. Use each search term, then screen by hand for anything
possibly relevant to their interests.
2. Use each search term and give them a massive dump of
everything. We are talking thousands of messages that have nothing to do
their project.
Method #1 is working, but taking some time.
Method #2 is insane, because words like "stop" and "block" and
"deal" are so generic as to hit half my email database. It would take
forever to screen out the potentially objectionable or personal stuff
that gets into this account.
I prefer method #1 as more efficient for all parties concerned.
Am I required to use method #2?
Please provide me with an answer to the Mayor's questions.
Very truly yours,
Thomas F. Pepe
City Attorney
City of South Miami
1450 Madruga Avenue, Ste 202,
Coral Gables, Florida 33146
Tel: (305) 667-2564
Fax: (305) 341-0584
E-mail: tpepe@southmiamifl.gov<mailto:tpepe@southmiamifl.gov>
ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL
INFORMATION intended only for the use of the addressee named above. If
you are not the intended receiver, you are hereby notified that any
dissemination of this communication is strictly prohibited. If you have
received this e-mail in error, please immediately notify us by
telephone, call collect if outside of your area code and delete this
e-mail. We will reimburse you for the cost of your long distance call.
Thank you. Please also note: All e-mails to and from this e-mail site
are kept as a public record. Your e-mail communications, including your
e-mail address may be disclosed to the public and media at any time
pursuant to Florida Statutes, ch. 119.
________________________________
Tax Advice Disclosure: To ensure compliance with requirements
imposed by the IRS under Circular 230, we inform you that any U.S.
federal tax advice contained in this communication (including any
attachments), unless otherwise specifically stated, was not intended or
written to be used, and cannot be used, for the purpose of (1) avoiding
penalties under the Internal Revenue Code or (2) promoting, marketing or
recommending to another party any matters addressed herein. Click the
following hyperlink to view the complete Gunster IRS Disclosure &
Confidentiality note.
http://www.gunster.com/terms-of-use/