FW Metro South - Commissioner E-mail SearchCan 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; 'Boulris, Amy'
Cc: aamigo@rrbpa.com; 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
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; 'Boulris, Amy'
Cc: aamigo@rrbpa.com; 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
jameskgreenlaw.com
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NOTICE: This electronic mail transmission from the law firm of James K.
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From: Pepe, Thomas F. [mailto:TPepe@southmiamifl.gov]
Sent: Friday, February 01, 2013 4:49 PM
To: jameskgreen@bellsouth.net; 'Boulris, Amy'
Cc: aamigo@rrbpa.com; 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
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
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
From: Pepe, Thomas F. [mailto:TPepe@southmiamifl.gov]
Sent: Friday, February 01, 2013 3:26 PM
To: Boulris, Amy
Cc: 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
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
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,
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
From: <Pepe>, "TPepe@southmiamifl.gov" <TPepe@southmiamifl.gov>
Date: Thursday, January 31, 2013 11:02 AM
To: Amy Boulris <aboulris@gunster.com>
Cc: "Harris, Walter" <WHarris@southmiamifl.gov>, "Welsh, Bob"
<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
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: 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.
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
From: <Boulris>, Amy Boulris <aboulris@gunster.com
<mailto:aboulris@gunster.com> >
Date: Wednesday, January 30, 2013 1:46 PM
To: "TPepe@southmiamifl.gov" <TPepe@southmiamifl.gov>
Cc: 'Ryan Gleason' <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
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
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: 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>
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
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.
________________________________
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