RE Metro South - Draft Mandamus PetitionDear Ms. Boulris:
It is my understanding that all the documents other than the e-mails can
be reviewed and marked for copying by you at the City's Planning and
Zoning Department. The City will charge $12 per hour for the services
of a clerk to locate the documents and to perform any other task that is
necessary and the city will charge 15 cents per page, depending on the
number of pages that you delineate for copying. The City cannot
determine how many pages or how much time it will take to locate and
copy the documents until it knows which documents you want. Unless of
course you want all possible documents in the city which is very
difficult estimate but we will try. Which option do you prefer?
Unless I misunderstood you revised request for e-mails, the problem is
that just about everything done at the City is communicated by e-mail.
You want all e-mails and attachments to and from the City Manager and
his staff, which involves all e-mails and attachments of every city
employee (who are the City Manager's staff), and therefore the estimate
previous given to you still stands. Your recently sent parameter have
not changed the scope of your discovery request since you want all
e-mails sent to and from the City Manager and his staff.
When would you like to come to the City to inspect the records.
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
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________________________________
From: Boulris, Amy [ABoulris@gunster.com]
Sent: Thursday, September 27, 2012 1:41 PM
To: Pepe, Thomas F.
Cc: JamesGreen@bellsouth.net
Subject: Metro South - Draft Mandamus Petition
Mr. Pepe,
Please find attached a mandamus petition that I have been instructed by
Metro South to file if:
*
we do not receive by reply all email, by the end of business
today, cost estimates broken down by category of Metro's pending public
records request, for all categories except item 7; and/or
*
we do not receive by reply all email, by the end of business
tomorrow, a cost estimate for item 7 of the pending request, as revised
by my September 20, 2012 letter limiting the request to emails
containing listed search terms; and/or
Please be advised that Metro will also seek mandamus relief if public
records are not provided within a reasonable time after payment of any
related cost estimate to the City. For your information, Metro believes
that two business days or less should be adequate for turnaround time
for the items requested, unless the City can demonstrate to Metro's
satisfaction that the volume of any particular category requires more
review time. (The City must already be generally familiar with the
scope and location of most, if not all, categories of responsive
documents by having made a cost estimate in the first place. The sole
exception could be emails (item &), but the revised limiting terms
provided September 20th should have allowed the City to run searches by
now, and should permit the City to provide a revised estimate of cost
and review time at this time.)
Finally, any willingness by Metro to discuss or pay estimated costs for
review time is in aid of settlement of a potential dispute over the
legality of any such request.
Sincerely,
Amy Boulris
________________________________
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