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Backup Documents 03/22/2011 Item # 9CMarch 21s`, 2011 Attention: Collier County Sheriffs Department RE: Illegal wire tapping TIu wed, UA �O 4,,� $9C This is in regards to an audible conversation that was made in a private surroundings at my school in Bonita Springs, Florida among my class of 15 students and I back on October 27`h, 2010. All 15 students along with me never gave consent for such recording. The recording was made by a former student who is no longer enrolled in my school. The audible recording was first brought to the interest of EMS Chief Jeff Page of Collier County EMS while interrogating the student who made the recording. Chief Page took it upon himself to transcribe the private recording of such event into writing and divulge them to the Collier County Board of County Commissioners on the Commission Board meeting November 9`h, 2010 live and send a copy to the Florida Department of Health, Bureau of Emergency Medical Services which according to Florida Statute 934.03 & US Code Title 18 Part I Chapter 119 2511 which is detailed below is illegal and violates my part of my fourth amendment. 934.03 Interception and disclosure of wire, oral, or electronic communications prohibited. -- (e)() Intentionally discloses, or endeavors to disclose, to any other person the contents of any wire oral, or electronic communication intercepted by means authorized by subparagraph (2)(a)2., paragraph (2)(b),paragraph (2)(c), s. 934.07, or s. 934.09 when that person knows or has reason to know that the information was obtained through the interception of such a communication in connection with a criminal investigation, has obtained or received the information in connection with a criminal investigation, and intends to improperly obstruct impede or interfere with a duly authorized criminal investigation US Code Title 18 Part I Chapter 119 2511(1) (c) (i) (1) Except as otherwise specifically provided in this chapter any person who (c) intentionally discloses or endeavors to disclose, to any other person the contents of any wire oral or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire oral or electronic communication in violation of this subsection; (i) intentionally discloses or endeavors to disclose, to any other person the contents of any wire oral or electronic communication, intercepted by means 109C authorized by sections 2511 (2)(a)(ii), 2511 (2)(b) —(c), 2511(2)(e), 2516, and 2518 of this chapter, Shall be punished as provided in subsection (4) or shall be subject to suit as provided in subsection (5). (4) (a ) Except as provided in paragraph (b) of this subsection or in subsection (5) whoever violates subsection (1) of this section shall be fined under this title or imprisoned not more than five years, or both. US Code Title 18 Part I Chapter 119 2511 (1) (d) (i). (d) intentionally uses or endeavors to use the contents of any wire, oral, or electronic communication knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection; or (i) intentionally discloses or endeavors to disclose, to any other person the contents of any wire oral or electronic communication, intercepted by means authorized by sections 2511 (2)(a)(ii), 2511 (2)(b) —(c), 2511(2)(e), 2516, and 2518 of this chapter, Shall be punished as provided in subsection (4) or shall be subject to suit as provided in subsection (5). (4) (a) Except as provided in paragraph (b) of this subsection or in subsection (5), whoever violates subsection (1) of this section shall be fined under this title or imprisoned not more than five years or both. Subsection four of the Florida statute governing telephone recordings notes that those who record conversations without consent have committed a third degree felony offense. Such an offense could result in fines or jail time or both. Chief Page in turn brought such transcription to the Collier County Board of County Commissioner meeting on November 9th, 2010. In his appearance he stated on the record that he personally transcribed the recordings of my conversation onto paper. He explained to the board that the contents of such recordings where foul and that he rather not disclose them verbally, but instead turn them in to the board and State of Florida without my consent in pursue of charges against Florida Statue 401 against my place of 69C business. He in turn asked Commissioner Fred Coyle if he would like the transcribed recordings turned in. Commissioner Coyle stated yes he would. Commissioner Coyle asked me on the record at the board meeting if I allowed such recording to take place and I replied that I did not give oral or written consent to make such recording which is a violation of Florida Statute 934. I told him that in Florida ALL parties of the recording must give consent. Commissioner Coyle disregarded my remarks and was obstinate that such recordings be turned in and sent to the Florida Department of Health, Bureau of EMS Services for a formal complaint. Commissioner Fred Coyle and Collier County EMS Chief Jeff Page violated Florida Statute 934. 03 section (d), as well as US Code Title 18 Part I Chapter 119 2511 (1) (c) (i), US Code Title 18 Part I Chapter 119 2511 (1) (d) (i). Federal law and most state laws also make it illegal to disclose the contents of an illegally intercepted call or communication which is clearly what Chief Page and Commissioner Coyle have just done which is punishable by law. They have clearly violated my rights by disclosing to the state, board members and the press the contents of the intercepted recordings. These gentlemen have violated my reasonable expectation of privacy which is covered under the Fourth Amendment. I should be protected by privacy when I "believe that the conversation is private and can not be heard by others who are acting in an lawful manner." Am.Jur.2d Telecommunications § 209 (1974). I am asking that the State of Florida to immediately take legal action against Commissioner Fred Coyle of Collier County Board of Commissioners and Collier County EMS Chief Jeff Page for violating state and federal law as outlined on pages 1 -2. Copied from law; Some Privacy Law definitions; n. the intrusion into the personal life of another, without just cause, which can give the person whose privacy has been invaded a right to bring a lawsuit for damages against the person or entity that intruded. However, public personages are not protected in most situations, since they have placed themselves already within the public eye, and their activities (even personal and sometimes intimate) are considered newsworthy, i.e. of legitimate public interest. However, an otherwise non - public individual has a right to privacy from: a) intrusion on one's solitude or into one's private affairs; b) public disclosure of embarrassing private information; c) publicity which puts him/her in a false light to the public; d) appropriation of one's name or picture for personal or commercial advantage. b 9 Privacy is the expectation that confidential personal information disclosed in a private place will not be disclosed to third parties, when that disclosure would cause either embarrassment or emotional distress to a person of reasonable sensitivities. Information is interpreted broadly to include facts, images (e.g., photographs, videotapes, recordings), and disparaging opinions. Respectfully, Richard Gonzalez President/CEO Medical Career Institute J�: 9 C Medical Career Institute. Training Th..,. ' P.,f..!ond March 21 ", 2011 RE: Public Records Request of Collier County Employee's emails To Whom It May Concern; Please find this letter as my formal request for access and viewing of ALL county emails housed on the county server, all personal emails housed on personal computers or servers or any other medium used for purposes of communications for the following individuals; • EMS Chief Jeff Page of Collier County EMS • Commissioner Fred Coyle • John Torre Communication and Customer Relations Director • Dan Summers of Collier County EMS • Leo Ochs County Manager • County Attorney Jeffrey A. Klatzkow • Deputy County Attorney Scott R. Teach • Chief Alan McLaughlin of Ochopee Fire District from October 16`h.2010 - November 30'h. 2010 only • Commissioner Georgia Hiller The request for all individuals with the exception of Chief McLaughlin will be for all emails transmitted (sent) or received from October 14", 2010 — March 21 ", 2011 which pertain to all or any the allegations made in regards to the October complaint. This information will be for viewing purposes and all needed copies will be printed. These emails are all electronically so a jump drive may be used for such services. All correspondence related to this request will be emailed back to me. Your assiduous response to this request is greatly esteemed. If you are in need of further information in regards to this request please do not hesitate to contact Bob Harris or myself. Respectfully, Richard Gonzalez President /CEO Medical Career Institute ' 9C FLpRIDA DEPARTMENT -0F HEALT Received Rick seer[ Governor MAR042011 EMS ` OPtr March 1, 2011 Certified #7004 2510 0004 9660 7395 Return Receipt Requested Jeff Page, Chief 8075 Lely Cultural Parkway Naples, Florida 34173 RE: Case No. 2010 -24168 Dear Chief Page: This is to inform you of the outcome of the complaint against Medical Career Institute Based upon the information provided, we initiated an inquiry of the matter. After an extensive investigation, it has been determined that no violation of Chapter 401, Florida Statutes or Chapter 64J -1, Florida Administrative Code occurred. You are reminded that the allegations and the complaint remain confidential as required by Section 401.414(3), Florida Statutes. This letter serves as the department's final action in this investigation. If you have any questions, please contact me at (850) 245 -4440 extension 2759, or write to the address below. Sincerely, ivestigation anager Bureau of Emergency Medical Services 4052 Bald Cypress Way, Bin C18 • Tallahassee, Florida 32399 -1701 - Phone: (850) 245 -4440 • Fax: (850) 92 1 -0377 • http://e,ww.floridaslicalth.corn 9L November 9, 2010 personal gain in such a way that when the time does come and we need this expertise to be used, it won't be there. When they investigate this, can they also find that these facts are frivolous and they may come back with admonishing us for even moving it on? How does this work? Or do they just have a finding that's very simply worded with two or three words, no finding of any guilt or probable cause? How does this work? What comes out of all this? CHIEF PAGE: Well, by st tutes -a- licensed provider such as myself, Chief McLaughlin, ief Rodriguez;, once they're made aware of a potential violation, we shave to report it to the state. COMMISSIONER CO ;ETTA: -Okay. So you even agree that you can't be absolutely sure that there is a violation? There's a possibility that there's a violation? CHIEF PAGE: Are you asking my opiftian? COMMISSIONERF COLETTA: Yes, sir. CHIEF PAG : There definitely is a violation here of some-soft. COMMISSION COLETTA: Okay. I appreciate that. And the investigation would take place within the home territory of Collier County so that the citizens will not be unduly inconvenienced by having to travel great distances or -- to offer testimony? CHIEF PAGE: Right. And in fact, in the tape that Richard's referring to, he actually has a quotation where he says, an investigator from the state will come to the school and pull everybody single file, one by one, so -- and 1 didn't know if you wanted this entered into evidence, too, or -- this transcript of the actual tape. CHAIRMAN COYLE: Well, I would assume that you'd enter everything into evidence that's available and let them sort it out. CHIEF PAGE: Okay. COMMISSIONER COLETTA: Thank you. CHAIRMAN COYLE: And the bottom line is this, the reason we established this procedure was to stop things that we thought were ..=. :, November 23, 20J 0 Via Hand Delivery j9 0111 17 E Collier County Commissioners sJ U Board of County Commissioners 3299 Tamiami Trail East, Suite 303 % •. •.. Naples, FL 3411-5746 2 H Re: North Naples Fire Control and Rescue District Dear Commissioners: This firm represents the North Naples Fire Control and Rescue District (the "District "). We write to request that the Collier County Board of County Commissioners (the "Commission "), Collier County Emergency Medical Services, Collier County Medical Director Robert Tober ( "Dr. Tober") and Collier County Chief of Emergency Medical Services Jeffrey Page ( "Chief Page ") (collectively, "County EMS ") cease and desist from making any further misrepresentations or false allegations pertaining to the District. As you know, the Commission recently authorized Chief Page to file a frivolous complaint ( "Complaint ") with the Florida Department of Health Bureau of Emergency Medical Services (the "State Department of Health, Bureau of EMS ") alleging that District employees violated Section 401.411, Florida Statutes. As grounds for the Complaint, among other things, Chief Page asserts wholly unfounded claims of misconduct and cheating by District firefighters who had taken a paramedic course at a privately -owned and funded educational facility, the Medical Career Institute ( "MCI "). 9C WEISS SEBOTA HELFMAN PASTOEIZA COLE & BONISKE, P L. MITCHELL P.A. ATTORNEYS AT LAW NINA L. SKE, MERE, P. LORI ADELSON' MITCHELL J. BURN STET N, P.A. L J. STE A PROFESSIONAL LIMITED LIABILITY COMPANY LILLIAN M. ARANGO JAMIE ALAN COLE, P.A. INCLUDING PROFESSIONAL ASSOCIATIONS BROOKE P. OOLARA STEPHEN J. HELFMAN, RAQUEL ELEJABARRIETA GILB ERTO PgSTORIZq, .A. P.A. BROWq RO OFFICE CHAD S. CHAD S. FRIEDMgN MICHAEL $. POPOK, P.A. 200 EAST BROWARD BOULEVARD OLIVER GILBERT' JOSEPH H. SEROTA, P.A. R. BRIAN JOHNSON SUSAN L. TREVARTHEN, P.A. sUITE 1900 JOHN J. KENDRICK III RICHARD JAY WEIGG, P.A. FORT LAUDERDALE, FLORIDA 33301 HARLENE SILVERN KENNEDY' DAVID N. WOLPIN, P.A. KAREN LIEBERMAN' - -- JOHANNA M. LUNDGREN DANIEL L. ABBOTT TELEPHONE 954 -763 -4242 KATHRYN M. MEHAFFEY MATTHEW PEARL AARON BEHAR FACSIMILE 954-7647770 JOHN J. QUICK GARY L. BROWN W W W. WSH -LAW. COM AMT J. SANTIAGO IGNACIO G. DEL VALLE DANIEL A. SEIGEL ALAN L. GABRIEL MIAMI -DADE OFFICE GAIL D. SEROTA' DOUGLAS R. GONIALES 2525 PONCE DE LEON BOULEVARD • SUITE 700 JONATHAN C. SHAMRES EDWARD G. GUEDES JONATHAN Z. KURRY CORAL GABLES FLORIDA 33134 , ESTRELLITA S. SIBILA MATTHEW H. MANDEL TELEPHONE 305 -854 -0800 • FACSIMILE 305 -1554 -2323 ALISON F. SMITH ALE%ANDER L. PALE NZUELA -MAORI ANTHONY C. SOROKA ANTHONY I. RECTO ED UAROO M. GOTO JOANNA G. THOMSON BRETT J. SCHNEIDER 'OF COUNSEL MICHELLE D. VOS CLIFFORD A. SCHULMAN PETER D. WALDMAN' LAURA K. WENDELL JAMES E. WHITE DEREK R. YOUNG November 23, 20J 0 Via Hand Delivery j9 0111 17 E Collier County Commissioners sJ U Board of County Commissioners 3299 Tamiami Trail East, Suite 303 % •. •.. Naples, FL 3411-5746 2 H Re: North Naples Fire Control and Rescue District Dear Commissioners: This firm represents the North Naples Fire Control and Rescue District (the "District "). We write to request that the Collier County Board of County Commissioners (the "Commission "), Collier County Emergency Medical Services, Collier County Medical Director Robert Tober ( "Dr. Tober") and Collier County Chief of Emergency Medical Services Jeffrey Page ( "Chief Page ") (collectively, "County EMS ") cease and desist from making any further misrepresentations or false allegations pertaining to the District. As you know, the Commission recently authorized Chief Page to file a frivolous complaint ( "Complaint ") with the Florida Department of Health Bureau of Emergency Medical Services (the "State Department of Health, Bureau of EMS ") alleging that District employees violated Section 401.411, Florida Statutes. As grounds for the Complaint, among other things, Chief Page asserts wholly unfounded claims of misconduct and cheating by District firefighters who had taken a paramedic course at a privately -owned and funded educational facility, the Medical Career Institute ( "MCI "). Collier County Commissioners • November 23, 2010 Page 2 of 3 The Complaint is just the latest in an ongoing effort by County EMS to undermine or interfere with the District's ability to provide advanced life support ( "ALS ") services under its own medical director. As you know, on October 26, 2010, the Commission accepted the recommendation of Dr. Tober and Dan Sommers and denied the District's request to provide ALS services under its own medical director. Thereafter, on November 9, 2010, the Commission authorized the filing of the Complaint. (Agenda Item 9A)_ Notably, this is the second time in just over a year that County EMS accused District firefighters of cheating. Notwithstanding County EMS' outrageous allegations, the District engaged an independent third party investigator to investigate alleged cheating by the District's firefighters and, as you are aware, that investigator cleared the District's firefighters of any wrongdoing. Moreover, the State Department of Health, Bureau of EMS investigated the claim and closed the matter as legally insufficient. It is clear from the testimony and documents submitted at the November 9, 2010 Commission meeting that County EMS intentionally misrepresented the facts as well as the requirements of State law to the Commission in order to obtain authority to file an unsupported claim with the State Department of Health, Bureau of EMS. In doing so, County EMS has slandered the District. This concerted effort by County EMS and its pattern of unethical and inappropriate behavior against the District are in direct violation of Sections 401.265 and 401.411, Florida Statutes. Significantly, the record testimony at the November 9, 2010 Commission meeting clearly established that the District's firefighters did not violate Section 401.411, Florida Statutes. In fact, the issue, as framed by Commissioner Coyle during the November 9, 2010 Commission meeting, was the "possible inappropriate distribution of the actual test." As Commissioner Coyle correctly noted, the owner of MCI, Richard Gonzalez, stated that he requested that the students in the class distribute the study guide to each other, and he simply made a mistake and administered the study guide as the actual test. Indeed, the mistake was self - reported by Mr. Gonzalez to the State Department of Health, Bureau of EMS and remediated through the administration of a new test. Moreover, the County EMS' own witnesses (Austin Peluchette, a volunteer firefighter with Isles of Capri Fire Control and Rescue District, and Justin Raymond, ajob bank firefighter with Ochopee Fire Control and Rescue District, who were also enrolled in the MCI class) contradicted any allegations of cheating or impropriety by the District's firefighters. Notwithstanding the foregoing, the Commission approved the filing of the Complaint. The testimony also revealed that Chief Page threatened Mr. Peluchette with termination in an effort to coerce false statements from him. In fact, Chief Page followed through with the threat and fired Mr. Peluchette when he would not provide false information. In addition, the testimony revealed that Chief Page's interrogations of Mr. Peluchette and Mr. Raymond concerning the allegations of cheating were in direct violation of the Firefighters' Bill of Rights, specifically Sections 112.82 (1) -(2) and (6), Florida Statutes. While Sections 112.82 (1) -(2) and (6) of the Firefighters' Bill of Rights require that interrogations are to take place at the facility where the investigating officer is assigned, that a firefighter shall receive written notice of WEISS SEBOTA HELFMAN PASTOAIZA COLE & BONISKF, P.L. Collier County Commissioners 9 C November 23, 2010 V Page 3 of 3 sufficient detail to reasonably apprise the firefighter of the nature of the investigation and that a firefighter shall not be offered any incentive as an inducement to answer any questions; here, written notice concerning the nature of the investigation was never provided to Mr. Peluchette or Mr. Raymond prior to their respective interrogations; Mr. Raymond was interrogated at a restaurant; and Mr. Peluchette was offered an inducement to answer questions (i.e., the opportunity to keep his position if he provided information), all of which clearly evidence violations of the Firefighters' Bill of Rights. Finally, in an effort to induce the Commission to authorize the filing of the Complaint, Chief Page intentionally disclosed and used an illegally intercepted oral communication (i.e., the cell phone recording of statements made by Mr. Gonzalez allegedly regarding the matter at issue that was acquired by Mr. Peluchette without Mr. Gonzalez's permission as required under State law), which constitutes a third degree felony under 934.03(1)(a) -(d), Florida Statutes. At the hearing Mr. Gonzalez also informed the Commission that the recording was obtained without Mr. Gonzalez's permission, yet the Commission accepted and relied upon the illegally intercepted oral communication in approving the filing of the Complaint by County EMS. Thus, by entering the transcript of the cell phone recording into evidence, which Chief Page and the Commission knew was illegally intercepted, both Chief Page and the Commission(ers) may be subject to felony charges for the intentional disclosure and use of the intercepted oral communication, under Sections 934.03(1)(c) -(d), Florida Statutes. Based upon the foregoing, the District hereby demands that the Commission, County EMS, Dr. Tober and Chief Page immediately CEASE AND DESIST from any further misrepresentations or false allegations pertaining to the District and its efforts to prevent the District from providing ALS services. The District further requests that County EMS immediately withdraw the Complaint. Please be advised that, should the Commission and /or County EMS continue to make false and misleading statements about the District and its employees, the District will have no alternative but to proceed with taking any and all appropriate legal action against County EMS, and will seek the full amount of its damages, interest, attorney's fees and costs as allowed by law. PLEASE GOVERN YOURSELF ACCORDINGLY. Very truly yours, 1 L Lori Adelson cc: The Board of Fire Commissioners North Naples Fire District (via regular mail) Fire Chief Orly Stolts (via regular mail) Collier County Attorney (via regular mail) Collier County Manager (via regular mail) John Bixler, Chief, Bureau of EMS (via e -mail) Michelle Vos, Esquire (via e -mail) WEISS SEROTA HELFMAN PASTORIZA COLE & BoNISBE, P.L. A.9C Coftr County Office of the County Manager MEMO Date: January 10, 2011 To: Commissioner Georgia Hiller District 2 From: Leo E. Ochs, Jr., County Manager Subject: Response to Information Request Enclosed please find information that addresses your December 29, 2010 e-mail request for information regarding staff actions relative to the preparation of the agenda item concerning potential irregularities with test administration by a private EMS Testing Company. This information is supplemental to the information originally sent to you on December 10, 2010 regarding this subject. Based on my discussions with the County Attorney's Office and my personal review, I find no reason to conclude that staff acted either illegally or inappropriately in conducting its review of this matter. I am available at your convenience to further discuss this matter. Thank you. OchsLeo From: HillerGeorgia Sent: Wednesday, December 29, 2010 4:54 PM To: KlatzkowJeff; OchsLeo Cc: RaineyJennifer Subject: FW: Fire Control Communications Attachments: 258475. PDF Leo /Jeff: Last month I inquired how these affidavits were obtained. The letter attached below provides a different picture then the responses that were provided by Staff. I would appreciate an explanation as to why this is so. The allegations made in this letter are very serious. What is being done by the County to investigate whether what is described did in fact happen. County staff can't be threatened to act or not act by anybody (including superiors), for any reason. Intercepting communications illegally is also a serious issue. By way of this e-mail, I ask for a full report on this matter. Thank you. Commissioner Georgia Hiller District 2 From: RaineyJennifer Sent: Wednesday, December 29, 2010 11:47 AM To: HillerGeorgia Subject: SIRE Mail Message Correspondence 11 -23 -2010 Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. RE: North Naples Fire Control & Rescue District. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 Co per County 9C Bureau of Emergency Services Mr. Leo Ochs County Manger, Collier County, FI Ref: BCC meeting 11/9/2010 11/10/2010 After listening to Mr. Pellechtti's testimony several glaring contradictions to his sworn statement were apparent. First Mr. Pellechtti is not afforded any "Bill of Rights" as they apply to employees only, per the State Statue. He stated several times that his "Bill of rights" were violated which is an inaccurate statement. Secondly Chief Rodriguez was conducting an "Informal Inquiry" which does not fall under the Bill of Rights for Firefighters. Mr. Pellechtti said he never gave a sworn statement. He Lied. He freely gave one after Chief Rodriguez asked him if he would. Mr. Pellechtti was never "interrogated" as he claimed under the Bill of rights. Mr. Pellechtti was at no time cohearsed by Chief Rodriguez and freely offered information and the audio recording of Mr. Gonzalez addressing the class. Mr. Pellechtti did not accurately reflect the comments he made in his sworn statement to Chief Rodriguez to the BCC. Mr. Pellechtti stated that Jeff Page told him if he did not turn in information that he would be terminated as a volunteer. Jeff page has no authority orjurisdiction over the Isles of Capri volunteers and that statement is incorrect. Alan Mclaughlin Fire Chief, Ochopee Fire Control District ep NE Ochopee Fire Control District • P.O. Box 70 • Everglades City, Florida 34139.239- 695 -4114 • FAX 239 - 695 -3473 • www.colliergov.net COT per County " 9C Bureau of Emergency Services Memorandum To: Jeff Page, EMS Chief From: Emilio Rodriguez, Fire Chief Date: 11/10/10 Ref: Austin Peluchette's BCC Statement Mr. Peluchette lied to the BCC on Nov. 9, 2010 when he advised the Board that he never gave a sworn statement and that he was interrogated and his firefighter's Bill of Rights were violated. Please be advised that Mr. Peluchette's firefighter's Bill of Rights were not violated because of the following reasons: (1) It is my understanding that the firefighter's Bill of Rights applies only to paid employees and not volunteer firefighters, and (2) Mr. Peluchette was never informed at any time by myself or Chief McLaughlin that we were conducting any type of investigation. Chief McLaughlin and I handed Mr. Peluchette a copy of the emailed test that was sent out to students and asked if he had ever seen this document before. Mr. Peluchette acknowledged that he had seen it and did receive it from another student via email. Mr. Peluchette also informed Chief McLaughlin and I that he had a tape recording of the instructor threatening the students in class. I asked him for the recording which he produced on his cell phone. Please be advised that at no time was Mr. Peluchette interrogated or forced to give a sworn statement or the recording that he had obtained. All that was voluntarily done by Mr. Peluchette. 175 Capri Blvd, • Naples, FlIs W�u 01 239 - 394 -8770 • FAX 239 - 394 -5862 - www.colliergov.net 9G CoMer County Bureau of Emergency Services MEMORANDUM To: Leo Ochs, County Manager From: Justin Raymond, Firefighter/EMT Collier County BES Date: November 10, 2010 Re: Recall of inconsistencies at the Commissioner Meeting 11/9/2010 2:01:50— "Gonzalez" says he was admitting about it being a study guide and points the finger at Chief Page saying "it was an exam." 1. Oct. 26th Gonzalez told Chief Page, "someone broke into my office." Chief Page recalls this at 1:54:28 in his summary 2. Nov 9t1' Gonzalez "my copier was broken and I gave it to Eloy Ricardo to make copies." 1:56:10 — Chief Page points out there are some holes in Gonzalez's story. Gonzalez says he had given out the study guide as a mistake and reported to the State Board of EMS, and "they" were going to give him another test. Page: "the state doesn't provide the test; it's actually the institute that makes them." 2:04:07 Gonzalez denies that he said this to Page. 2:01:50 Gonzalez says initially it was a study guide in his statement, but Chief Page said on Oct 26th Gonzalez said "someone must have broken into my office ", he seemed shocked and said that was the test and he didn't know how it got out. 2:02:20 Gonzalez says what does "Tober and EMS" have to do with a private business. 2:00:20 Chief Page states the state requires any health provider (EMT, Paramedic, etc.) if they are aware of violations of 401, "they have a duty to report." 2:03:10 Gonzalez: The reason the two people didn't get the "study guide" was because they left early. He never specified which day he was referring to. I know that math is a weakness for me and I would not have left early on a day we were reviewing math. 1 did leave early on some days; after clearing it first with the instructor; to drive to the Ochopee fire station which is an hour away. On those days I usually left at 4pm to be able to be at the station by 5pm. Additionally he stated that class ran until 6pm, and I cannot remember a time when class went that late. We were always done around 5pm. Also, the study guide was sent out at l 1pm at night. More than one person in class had both Pelutchette's phone number and my phone number to get our email addresses, IF that were true at all. If this was a legitimate ME VS 8075 Lely Cultural Parkway, Suite 267 • Naples, Florida 34113.239- 252 -3740 • Fax 239 - 252 -3298 • www.colliergov.neVems 9C "study guide" they should have included a statement in the email to pass it along to other classmates that were not included in the original email; including myself and Austin Pelutchette. 2:06:04 Gonzalez talks about defamation of character and slander. 2:07:16 Gonzalez states "Mr. Raymond 60." Are my grades not confidential? He points me out on T.V., is that defamation? Do I not have privacy or is it ok for an instructor to do this without my permission? 2:12:10 Gonzalez says he told Ricardo to email the "study guide" to everyone. Question: what happened to "someone broke into my office ?" 2:16:01 Why is Gonzalez not wanting the audio recording out? Simple: he is accusing everyone in the class of cheating and is really angry. Why would you be angry to this extent if you gave out the "study guide" and it was a mistake? Why would you yell and threaten your class? 2:31:00 Pelutchette says he had a 40 min phone conversation with me. He called me several times and when I called him back he was accusing me of "talking about an audio recording" and threatened to make up stories and tell everyone in class that I was a "narc" and a "rat ". I got tired of his half truths and told him that I was out of the class and my only concern was the safety of my kids. 2:31:00 Pelutchette goes in front of the commissioners and attacks my character, and slanders my name by blatantly lying. He states that I want to or am going to shoot everyone in class. Why would I go to the Sheriffs Office substation if this were true? The lies continued when he stated that I left a voicemail with students in the class stating I want to "shoot the class"... who did I do this to, and why haven't they gone to the Sheriffs Office? 2:31:26 Pelutchette states that his girlfriend thinks I'm going to shoot her too. He states "to be honest with you, I never made any sworn affidavit ". In reality he did make a sworn affidavit as well as the audio recording. 2:31:53 Pelutchette mentioned the "Bill of Rights ", as far as 1 know, the firefighter bill of rights he references can only be invoked by a union, Peluchetti is a volunteer and therefore not part of any union. Everything he says is either a full blown lie or he doesn't have a clue about what he's talking about. Bottom line is his entire reason for getting up there and blasting slanders at me is because he is mad that he lost his volunteer job with Isles of Capri. 2:32:26 Pelutchette now directs his comment of "these guys" are coming at and destroying his livelihood and taking the school down. "These guys" meaning Jeff Page. He was fired for not turning over information. His "audio recording is what nailed him to his own cross. He had it and didn't come forward with it, he was going to let me take the fall. He continued to say Jeff Page made him turn in information and violated his rights. b9c 2:33:57 Austin Pelutchette's father makes accusations that Austin has been threatened by Isles of Capri. Austin and his father made no point regarding the cheating accusations. They were there to slander and defame my creditability. 2:35:37 Gonzalez called the State Bureau of EMS to cover himself because according to Chief Page, he initially said "someone must have broken into my office." To the best of my knowledge, these are the inconsistencies mentioned at the BCC meeting on November 9, 2010 by Richard Gonzalez and Austin Pelutchette. Justin Raymond State of Florida County of Collier Sworn to (or affirmed) and subscribed before me this r r day of 2010 by Justin Raymond who has produced a Florida Driver's License as identification. M ` 'Or I,,, JENNIFER FLORIN Notary Public - State of Florida _ My Commission Expires May 14, 2011 Commission N DD 674276 nh. ' Baked7brouilli NalionalNotaryAssn. OchsLeo From: OchsLeo Sent: Friday, December 10, 2010 8:43 AM To: HillerGeorgia Cc: Klatzkoi Subject: Commissioner Hiller Inquiry Paramedic Training Commissioner, Requested information relative to this inquiry. V R, Leo From: SummersDan Sent: Tuesday, December 07, 2010 8:59 AM To: OchsLeo Subject: Commissioner Hiller Inquiry Paramedic Training Mr. Ochs. Attached are the responses for your review and distribution as needed. Thanks Dan Summers Lki Comissioner Hiller Inquiry Par... IJ ::ommissioner Hiller Paramedic ... L_J "ommissioner Hiller Paramedic ... 9C Under Florida Law, e -mail addresses are public records- If you do not want your e -mail address released in response to a public records request.. do not send electronic mail to this entity. Instead contact this office by telephone or in writing COACT Count y 9C Bureau of Emergency Services MEMORANDUM TO: Dan Summers FROM: Chief Jeff Page, Collier County EMS DATE: December 6, 2010 RE: Answers to questions regarding Sworn Affidavits from County personnel How were the County Staff affidavits referencing the testing at a private Paramedic training facility obtained? I believe my sworn statement would answer this. Specifically, under what legal authority were these affidavits obtained, and at whose direction? From: TeachScott Sent: Thursday, October 28, 2010 2:39 PM To: page-j; SummersDan Subject: Affidavit Jeff, Let's first see if the firefighter is willing to provide the affidavit. If he is, I will help prepare one. Scott R. Teach Deputy County Attorney Collier County, Florida Tel: (239) 252 -8400 Fax: (239) 252-6300 Scott never provided the affidavit and I used the same one we have used in the past. Who drafted the affidavits, and where were they executed? The Sworn Affidavits that have the signature of Jennifer Florin as the notary were executed in the EATS Offices of the Jim Mudd Emergency Services Center. I believe copies of the Sworn Affidavits drafted by Justin Raymond were also provided by him to the Sheriffs Office. 8075 Lely Cultural Parkway, Suite 267 • Naples, Florida 34113 - 239.252 -3740 • Fax 239 - 252 -3298 • www.colliergov.net/ems 9C Were they provided voluntarily, under no duress? To my knowledge, yes. Is there a County protocol with respect to the execution of affidavits? Not that I am aware of however..... CMA # 5311.1 T. County employees are expected to engage in lawful and proper conduct, both on and off the job, in order to not affect their relationship to County Service, other employees, and the County's reputation in the community. W. An employee who intentionally lies during an internal investigation or otherwise impedes the County's ability to properly conduct an internal investigation may be subject to disciplinary action up to and including discharge. It has long been a departmental policy that when any accusation or formal written statement is made that may lead to discipline andlor legal actions the employee is given the following statement to read before he places anything down in writing: Administering Oaths - An oath or affirmation is administered to a document signer when the signer is required to make a sworn statement about certain facts. The signer personally appears before the notary public to swear (or affirm) to the notary public, an officer duly appointed to administer oaths, that the information contained in the document is true. A person who makes a false oath or affirmation Is subject to criminal charges for perjury. Sworn statements are commonly used in affidavits, depositions, and applications. A notarization requiring an oath begins with the administration of an oath or affirmation. "Do you swear (or affirm) that the information contained in this document is true?' The notary then takes his statement and providers her seal to the document. I've also included an excerpt from the Florida Statues Chapter 401 Part Three: Medical Transportation Services. If you would like the full statute please let me know. A.: 9C (5) The rules must establish requirements for licensees and cerlificateholders with respect to providing address information to the department; requirements for examinations, grading, and passing scores for certification; and requirements for determining whether a convicted felon whose civil rights have not been restored Is eligible for certification or recertification. History. -s. 15, ch. 73 -126; s. 3, ch. 76 -168; s. 257, ch. 77 -147; s. 5, ch, 77 -347; s. 1, ch. 77 -457; as. 8. 10, ch. 79 -280: s. 259, ch. 81- 259; ss. 2, 3, ch. 81 -318; ss. 16, 24, 25, ch. 82 -402; ss. 9, 12, 13, ch. 83 -196; s. 16, ch. 84 -317; s. 63, ch. 86 -220; ss. 18, 36, ch. 92- 78; s. 34, ch. 99 -397; s. 27, ch. 2000 -242. 401.38 Participation in federal programs.--The department shall develop federal funding proposals and apply for all federal funds available to carry out the purposes of this part. The department is authorized to participate in those federal programs aimed at the development of an Integrated system of emergency medical service delivery to include injury control, rural system development, training, trauma system development, maternal and child health, highway safety, and the delivery of basic life support service and advanced life support service. History. - -s. 19, ch. 73 -126; s. 3, ch. 76 -168; s. I, ch. 77457; ss. 8, 10, ch. 79 -280; ss. 2, 3, ch. 81 -318; ss. 17, 24, 25, ch. 82402; s. 13, ch. 83 -196; s. 64, ch. 86 -220; ss. 19, 36, ch. 92 -78. 401.41 Penalties. -- (1) Any person who: (a) Uses or attempts to use a certificate, license, or permit that has been suspended, revoked, or terminated; (b) Practices or holds himself or herself out as an emergency medical technician, paramedic, or ambulance driver without being so certified; (c) Knowingly conceals Information relating to violations of this part; or (d) Knowingly makes false or fraudulent claims to procure, attempt to procure, or renew a certificate, license, or permit is guilty of a misdemeanor of the first degree, punishable as provided In s. 775.082 or s. 775.083. (2) Whoever willfully and with intent to defraud obtains or attempts to obtain services from a licensee Is guilty of (a) A misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; for the first offense; and (b) A misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for any subsequent offense. (3) Whoever summons any emergency medical services vehicle pursuant to this part or reports that an emergency medical services vehicle Is needed when he or she knows or has reason to know that the services of the vehicle are not needed Is guilty of (a) A misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, for the first offense; and (b) A misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for any subsequent offense. (4) Each day that a violation of this part is committed or permitted to continue constitutes a separate and distinct offense under this section. History.--s. 22, ch. 73 -126; s. 3, ch. 76 -168; s. 1, ch. 77457; ss. 2, 3, ch. 81 -318; ss. 18, 24, 25, ch. 82 -402; as. 12, 13, ch. 83 -196; s. 73, ch. 91 -224; ss. 20, 36, ch. 92 -78; s. 799, ch. 95 -148; s. 7, ch. 96 -293. 401.411 Disciplinary action; penalties. -- (1) The department may deny, suspend, or revoke a license, certificate, or permit or may reprimand or fine any licensee, certificate holder, or other person operating Page 27 of 34 under this part for any of the following grounds: (a) The violation of any rule of the department or any provision of this part. 9c (b) Being found guilty of, or pleading noto contendere to, regardless of adjudication in any jurisdiction, a crime that relates to practice as an emergency medical technician or paramedic, or to practice in any other occupation, when operating under this part. (c) Addiction to alcohol or any controlled substance. (d) Engaging In or attempting to engage in the possession, except in legitimate duties under the supervision of a licensed physician, or the sale or distribution of any controlled substance as set forth in chapter 893. (e) The conviction in any court in any state or in any federal court of a felony, unless the person's civil rights have been restored. (f) Knowingly making false or fraudulent claims; procuring, attempting to procure, or renewing a certificate, license, or permit by fakery, fraudulent action, or misrepresentation. (g) Unprofessional conduct, including, but not limited to, any departure from or failure to conform to the minimal prevailing standards of acceptable practice as an emergency medical technician or paramedic, including undertaking activities that the emergency medical technician or paramedic Is not qualified by training or experience to perform. (h) Sexual misconduct with a patient, including inducing or attempting to induce the patient to engage, or engaging or attempting to engage the patient, In sexual activity. (i) The failure to give to the department, or its authorized representative, true information upon request regarding an alleged or confirmed violation of this part or Wile of the department. 0) Fraudulent or misleading advertising or advertising in an unauthorized category. (k) Practicing as an emergency medical technician, paramedic, or other health care professional operating under this part without reasonable skill and safety to patients by reason of illness, drunkenness, or the use of drugs, narcotics, or chemicals or any other substance or as a result of any mental or physical condition. (I) The failure to report to the department any person known to be In violation of this part. (2) A suspension or revocation of a license or certificate is for all classifications unless the department, In its sole discretion, suspends or revokes one or more classifications thereof. (3) One year after the revocation of a license or certificate, application maybe made to the department for reinstatement; and the department may authorize reinstatement. (4) Any charge of a violation of this part by a licensee affects only the license of the service location from which the violation Is alleged to have occurred. Another license may not be issued to the same licensee for a now service location in the same county or any other county for a period of 3 years ftom the effective date of revocation. (5) If the department finds that the terms of any such suspension have been violated, It may revoke such suspension immediately. (6) If a person whose license, certificate, or permit has been suspended Is found by the department to have violated any of the other provisions of this part, the department may revoke the license, certificate, or permit. (7) In addition to any other administrative action authorized by law, the department may impose an administrative fine, not to exceed $1,000 per violation of this part or Page 28 of 34 h 9C role of the department. Each day of a violation constitutes a separate violation and is subject to a separate One. In determining the amount of a fine, the department shall consider the following factors: (a) The gravity of the violation, including the probability of death or disability as a result of the violation. (b) Any actions taken to correct the violation. (c) Any previous violations committed by the violator. (8) All amounts collected under this section must be deposited Into the Emergency Medical Services Trust Fund. History: ss. 19, 25, ch. 82 -402; ss.12,13, ch. 83 -196; s. 17, ch. 84 -317; as. 21, 36, ch. 92 -78; s. 2, ch. 98 -87. 401 414 Complaint investigation procedures. -- (1) The department shall cause to be investigated any complaint that is filed before it if the complaint is in writing, signed by the complainant, and legally sufficient A complaint is legally sufficient if it contains ultimate facts that show that a violation of this part, or of any rule adopted by (he department, has occurred. The department may investigate or continue to investigate, and may take appropriate final action on, a complaint even though the original complainant withdraws his or her complaint or otherwise indicates a desire not to cause it to be investigated to completion. When an investigation of any person Is undertaken, the department shall notify that person of the investigation and Inform him or her of the substance of any complaint filed against him or her. The department may conduct an investigation without notifying any person if the act under investigation is a crime. (2) The department shall expeditiously investigate each complaint. When Its investigation is complete, the department shall prepare an Investigative report. The report must contain the investigative findings and the recommendations of the department concerning the existence of probable cause. (3) The complaint and all information obtained in the investigation by the department are confidential and exempt from the provisions of s. 119.07(1) until 10 days after probable cause has been found to exist by the department, or until the person who is the subject of the investigation waives confidentiality, whichever occurs first. This subsection does not prohibit the department from providing such information to any law enforcement agency or any other regulatory agency. History.--s. 18, ch. 84 -317; s. 1, ch. 85 -65; s.5, ch. 89 -162; s. 18, ch. 90 -344; ss. 22, 36, ch. 92 -78; s. 800, ch. 95 -148; s. 234, ch. 96 -406. 401.421 Injunctive relief; cease and desist notice; civil penalty; enforcement.- (1) The State Surgeon General may cause to be instituted a civil action In circuit court for preliminary or permanent injunctive relief to remedy or prevent a violation of this part or any rule adopted by the department under this part. (2xa) If the department has probable cause to believe that any person not licensed by (he department has provided prehospital or interfacility advanced life support or basic life support procedures or transportation services in this state not specifically authorized by law, the department may issue and deliver to such person a notice to cease and desist from such services. For the purpose of enforcing a cease and desist order, the department may file a petition, in the name of the state, seeking issuance of an injunction or a writ of mandamus against any person who violates any provisions of such order. (b) In addition to or in lieu of any remedy provided in paragraph (a), the department may seek the imposition of a civil penalty by the circuit court for any violation for which the department may issue a notice to cease and desist under paragraph (a). The civil penalty must be no less than $500 and no Page 29 of 34 �c � 01 Y �o•r�.nty Bureau of Fmergency Services Dan Summers, Director Bureau of Emergency Management 12/6/2010 Dan, I did not collect or order any any affidavits concerning the private medical instructional institute. I did obtain verbal information and an e-mail form one of my job bank employees. This was done under the "Informal Inquiry' definition provided under the Firefighter Bill of Rights " - History -S.1 Ch 86 -6 short title. As no information was obtained that determined a "formal Investigation" was warranted with any Ochopee Fire personnel there was no further action taken on my part. "Informal inquiry" means a meeting by supervisory or management personnel with a firefighter about whom an allegation of misconduct has come to the attention of such supervisory or management personal, the purpose of which meeting is to mediate a complaint or discuss the facts to determine whether a formal investigation should be commenced. Alan McLaughlin Fire Chief, Ochopee Fire Control District Ochopee Fire Control Oishlcl • P.O. Box 70 Everglades CBy, Florida 34139.239- 6951114 FAX 239Lri95 -3179 • vn•.;v.collicr�ov net Memorandum To: Dan Summers, BES Director From: Chief Rodriguez �h` Date: 12/06/10 Ref: Affidavits 9C I received a copy of the Paramedic Test that was emailed to several students at M.C.I. Academy from Chief Page and asked if I could interview Austin Peluchette. He is a student at that academy and at that time, was a volunteer firefighter for the Isles of Capri Fire Dept. I called Mr. Peluchette to come into the department and Chief McLaughlin and I conducted an informal inquiry and asked Mr. Peluchette if he had seen this test. I handed Mr. Peluchette a copy of the test that was emailed by Eloy Ricardo to several students in the class. Mr. Peluchette acknowledged that he did receive a copy of the test after the test was administered. Mr. Peluchette then voluntarily agreed to provide a sworn affidavit to Chief Mclaughlin and myself under no duress. At that time, Mr. Peluchette informed us that he also had a recording of the instructor threatening the class and that he felt threatened and that was why he recorded the incident. We obtained a copy from Mr. Peluchette. At no time was this considered any form of investigation or any information was obtained under duress. Mr. Peluchette voluntarily provided the recording as well as the sworn affidavit. There was no Firefighter's Bill of Rights violated for the following reasons: (1) Firefighter Peluchette is a volunteer. Firefighter's Bill of Rights do not apply to volunteers. (2) An investigation was not conducted. This was an informal inquiry and all information was provided voluntarily by Mr. Peluchette. Statutes & Constitution :View Statutes : Online Sunshine Select Year: 2010 Go The 2010 Florida Statutes(including Special Session A) 3/22/11 7:00 AM 9C Title XXIX Chapter 401 View Entire Chapter PUBLIC HEALTH MEDICAL TELECOMMUNICATIONS AND TRANSPORTATION 401.2701 Emergency medical services training programs.— (1) Any private or public institution in Florida desiring to conduct an approved program for the education of emergency medical technicians and paramedics shall: (a) Submit a completed application on a form provided by the department, which must include: 1. Evidence that the institution is in compliance with all applicable requirements of the Department of Education. 2. Evidence of an affiliation agreement with a hospital that has an emergency department staffed by at least one physician and one registered nurse. 3. Evidence of an affiliation agreement with a current Florida - licensed emergency medical services provider. Such agreement shall include, at a minimum, a commitment by the provider to conduct the field experience portion of the education program. 4. Documentation verifying faculty, including: a. A medical director who is a licensed physician meeting the applicable requirements for emergency medical services medical directors as outlined in this chapter and rules of the department. The medical director shall have the duty and responsibility of certifying that graduates have successfully completed all phases of the education program and are proficient in basic or advanced life support techniques, as applicable. b. A program director responsible for the operation, organization, periodic review, administration, development, and approval of the program. 5. Documentation verifying that the curriculum: a. Meets the course guides and instructor's lesson plans in the most recent Emergency Medical Technician - Basic National Standard Curricula for emergency medical technician programs and Emergency Medical Technician- Paramedic National Standard Curricula for paramedic programs. b. Includes 2 hours of instruction on the trauma scorecard methodologies for assessment of adult trauma patients and pediatric trauma patients as specified by the department by rule. c. Includes 4 hours of instruction on HIV /AIDS training consistent with the requirements of chapter 381. 6. Evidence of sufficient medical and educational equipment to meet emergency medical services training program needs. (b) Receive a scheduled site visit from the department to the applicant's institution. Such site visit shall be conducted within 30 days after notification to the institution that the application was accepted. During the site visit, the department must determine the applicant's compliance with the following criteria: 1. Emergency medical technician programs must be a minimum of 110 hours, with at least 20 hours of http: / /www.leg.state.fl.us /statutes /index.cfm? App_ mode = Display - Statute &Search_ String = &URL= 0400 - 0499 /0401 /Sections /0401.2701.html Page 1 of 2 Statutes & Constitution :View Statutes : Online Sunshine 3/2j,(1 C 1 7:00 AM a (7] supervised clinical supervision, including 10 hours in a hospital emergency department. 2. Paramedic programs must be available only to Florida- certified emergency medical technicians or an emergency medical technician applicant who will obtain Florida certification prior to completion of phase one of the paramedic program. Paramedic programs must be a minimum of 700 hours of didactic and skills practice components, with the skills laboratory student -to- instructor ratio not exceeding six to one. Paramedic programs must provide a field internship experience aboard an advanced life support permitted ambulance. However, a portion of the field internship experience may be satisfied aboard an advanced life support permitted vehicle other than an ambulance as determined by rule of the department. (2) After completion of the site visit, the department shall prepare a report which shall be provided to the institution. Upon completion of the report, the application shall be deemed complete and the provisions of s. 120.60 shall apply. (3) If the program is approved, the department must issue the institution a 2 -year certificate of approval as an emergency medical technician training program or a paramedic training program. If the application is denied, the department must notify the applicant of any areas of strength, areas needing improvement, and any suggested means of improvement of the program. A denial notification shall be provided to the applicant so as to allow the applicant 5 days prior to the expiration of the application processing time in s. 120.60 to advise the department in writing of its intent to submit a plan of correction. Such intent notification shall provide the time for application processing in s. 120.60. The plan of correction must be submitted to the department within 30 days of the notice. The department shall advise the applicant of its approval or denial of the plan of correction within 30 days of receipt. The denial of the plan of correction or denial of the application may be reviewed as provided in chapter 120. (4) Approved emergency medical services training programs must maintain records and reports that must be made available to the department, upon written request. Such records must include student applications, records of attendance, records of participation in hospital clinic and field training, medical records, course objectives and outlines, class schedules, learning objectives, lesson plans, number of applicants, number of students accepted, admission requirements, description of qualifications, duties and responsibilities of faculty, and correspondence. - ----�� (5) Each approved program notify the department within 30 days of a an the professional or employment status of f y. Each approved program must require its students to pa a com hensive final written and practi examination evaluating the skills described in the current United States Depa ment of Transportation EM -Basic or EMT- Paramedic, National Standard Curriculum. Each approved program ust issue a certificate of comp( -on to program graduates within 14 days of completion. History. s. 31, ch. 99 -397; h. 2009 -181. Copyright © 1995 -2011 The Florida Legislature • Privacy Statement • Contact Us http: /Iw .leg.state.n.us /statutes /index.cfm? App_ mode= Display_Statute &Search_ String = &URL= 0400 -0499 /0401 /Sections /0401.2701.html Page 2 of 2 Kequests for Proposals — What '1'hey Are And How "they Work, r'londa Lawyers -by Ma... Page 1 of 1 9C BECKER& -' POLIAKOFF Legal and Business Strategists Requests for Proposals — What They Are and How They Work by Mark J. Stemoler. Esa. and William J. Cea. Esa. January 21, 2011 A Request for Proposals ( "RFP it is usually used when the public agency does not have or cannot come up with a defined scope of work or specifications i for a project. Like an Invitation for Bid, price is still a consideration, but it may not be the only factor. Proposers responding to an RFP may have to demonstrate experience, capability, qualifications, management, and a plan Mark J Stemoler. Esa. that outlines how the proposer intends to perform the project. A proposer can win a contract without being the low bidder because the other factors may be as important as or more important than the price. This gives bidders an opportunity to be creative and entrepreneurial in responding to an RFP. Agencies generally seek to determine which proposer Is the most responsive and responsible. A res onsive roposer is a proposer who submits a proposal that in all materia was to what the RFP reques us contain ail or tne terms, specifications, and evaluation cri err o that all of the proposers know how to adequately respond. The evaluation criteria should be explained, and Is usually expressed in terms of points awarded for each specific criterion, or the percentage of weight given. For instance, an William J Cea Fm.. RFP may say that 30 points will be awarded for experience, 20 points for price, and so on. (LuVtiPt s �1t4 i t c�o,�lnP -t,t N0��b1 http: / /www.beeker- poliakoff.com/ pubs / articles /stempler_m/stempler_rfp_what _ they_are.html 3/3/2011 RFP's for contractual services or commodities under Chapter 287 of the Office Florida Statutes, as well as many state and local procurement guidelines, Bank of America Center allow for proposers to discuss with persons designated in the RFP the RFP 625 N. Flagler Drive requirements during the solicitation process. Under this process, all 7th Floor proposers may be afforded the same opportunity to ask questions of the West Palm Beach, FL advertising agency to better define the scope of the RFP. The responses to 33401 those questions are generally published In writing as addenda to the RFP so Phone: 561.655.5444 that all proposers are treated equally. Fax: 561.832.8987 Usually aselection committee Is established to review the proposals submitted and evaluate them based on the RFP's methodology. The selection committee generally ranks the proposers. The proposer with the best,,.. evaluation score Is usually the top ranked proposerfor the award. A contract is not formed, however, based on the ranking alone. Following the ranking process, the agency must approve the ranking. Once that is done, the agency can start negotiating the terms of the contract with the top ranked proposer, if necessary. The terms of the contract will be consistent with the RFP and the selected vendor s proposa . 1T yfL, k3m (Z L4-1 4--t- I ot.) 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Ek k § >2; cn 7§0 § \ cz 0 c ¥ ®® z 0 0 . \ ( §0 m a ) r /\) Y j f/( \ 0 c o0Z ; 0 3 >0 0 \ \ \j ` } cf) x \ \ § ;Ec 2 - t ` / © \( w m c >> > \ 00 8 0 X \ W o \y§ 2 % =`7 > 0 $j% § \/} k § .a /( m }_ 9 2 $k\ m 3 \�� 0 / 0 f\\ 0 0 ��C) 0 - {2 co z k m -i m 9*\ 2 7 ;o03 } �T \ j /0 @ 0 $ \/z § ® /3( § /\ m § z § k � A. 9c c z ; 3 2 \ } 2 z ¥ 2 F \ |M, * � A E j k m � % \ \ % \ cn q /\� § 3z\ k \\0 � ®@/ § \// ƒ \/\ � }/« ) ooZ 00 } %_ \ \\ 5§% \§\ / %2 �\} =z* \ \\ .c \\ Xz § _}\ a ° j \\ \ \ \/ ( \ \\ 7 ��a) Go= \ \®{ \ L0 \ \, /\ ) � m � � { / 7 } } j m G § f q ) m g \ / 0 M / � § § ¢ j k % { � P 49C \ \ $ § k » / \ \ � k- R C. § § z OD q � � 9C RainevJennifer f From: KlatzkowJeff Sent: Friday, March 18, 2011 3:26 PM To: HillerGeorgia Cc: CchsLeo; TeachScott; RaineyJennifer Subject: RE: March 22 BCC Agenda - Fire School Categories: Red Category Commissioner: �' In answer to your questions: 1. My reading of the s tute is that it applies to everyone judging from the letter we received from the State, t ey are o� the same opinion. 2. If the NON has this info, I have no idea who gave it to them. Just like I have no idea who gave the NON the recent ATV Settlement Offer from the South Florida Water Management District, which they requested be held in confidence. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 - - - -- Original Message---- - From: HillerGeorgia Sent: Friday, March 18, 2011 3:15 PM To: KlatzkowJeff Cc: OchsLeo; TeachScott; RaineyJennifer Subject: Re: March 22 BCC Agenda - Fire School You have not explained how your cited statute applies to the county, nor to me as a commissioner. Also, please explain why the NON has much of this information. It would appear the county has breached it's duty as you explain it. I am increasingly more concerned with what is going on. Georgia Hiller Commissioner, District 2 On Mar 18, 2011, at 2:01 PM, KlatzkowJeff <JeffKlatzkow @colliergov.net> wrote: > Commissioner: > I have reviewed the transcript of the Board's action. i > It appears that the item was put on without back -up. My Office was no involved. I do not know whether any of the Commissioners were supplied with any affidavits or other documents prior to the meeting. > I have given you my reasons. You are free to bring the issue up for discussion on Tuesday. > Jeffrey A. Klatzkow > County Attorney > (239) 252 -8400 > - - - -- Original Message---- - > From: HillerGeorgia > Sent: Friday, March 18, 2011 6:30 AM > To: Klatzkow]eff > Subject: RE: March 22 BCC Agenda - Fire School > Jeff, > How does the statute you cite relate to the county? > The county filed the complaint with the State. > The investigating agency referred to is the State. > The State has found no probable cause. > Please provide with specificity the statute that exempts the county from providing me with the requested public documents, by return writing. > Has any other commissioner seen he information I have asked for? > Who in the county has seen the information I have requested? > I am beginning to have very serious concerns about your legal interpretations and conclusions. > Thank you. > Commissioner Georgia Hiller > District 2 > From: KlatzkowJeff > Sent: Thursday, March 17, 2011 5:09 PM > To: HillerGeorgia > Cc: RaineyJennifer; OchsLeo; TeachScott > Subject: RE: March 22 BCC Agenda - Fire School > Commissioner: 2 t 9C 4I > In response to your query, upon the filing of the complaint, the > complaint and all documents attached to the complaint became confidential and exempt from the Public Records Law under Florida Stat. Sec. 401.414(3), which provides as follows: > "(3) The complaint and all information obtained in the investigation by the department are confidential and exempt from the provisions of s. 119.07(1) until 10 days after probable cause has been found to exist by the department, or until the person who is the subject of the investigation waives confidentiality, whichever occurs first. This subsection does not prohibit the department from providing such information to any law enforcement agency or any other regulatory ;gency.� \, WJ(� ? �N ° - /. > ' Violation of this section is punishable by fine, not to exceed $1,000 under Sec. 404.411. In addition to this, I am concerned that an intentional violation of this statute would be the basis for a tort claim filed by the part who was the subject of the complaint (who is presumably the party protected by the confidentiality), which suit would likely include the County. I am also concerned that the intentional violation of this statute would be the basis of a bar complaint. > > Should the disclosure of the material be in connection with a'Public -- Records request, and you have made such a request, the Public Records law provides as follows: > "The custodian of public records shall provide safeguards to protect the contents of public records from unauthorized remote electronic access or alteration and to prevent the disclosure or modification of those portions of public records whit --are exem cr onfidential from subsection (1) or s. 24, Art. I of the S e Constitution." c. 119.07(2)(b). > Se . 199.10 provides as foll s: > 119.10 V olation of chapter; pen ties. > (1) Any blic officer who: > (a) Violate on of this chapter commits a noncriminal infraction, punishable by fine not exceeding $500. > (b) Knowingly violates the provisions of s. 119.07(1) is subject to suspension and removal or impeachment and, in addition, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. > (2) Any person who willfully and knowingly violates: > (a) Any of the provisions of this chapter commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. > (b) Section 119.105 commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. > Production of these documents to you, or anyone else for that matter pursuant to a Court order would eliminate these issues, and I am purposefully holding on to these documents should such a Court order issue. 3 > Jeffrey A. Klatzkow > County Attorney > (239) 252 -8400 > e 9,C > From: HillerGeorgia > Sent: Thursday, March 17, 2011 3:55 PM > To: KlatzkowJeff > Cc: RaineyJennifer > Subject: RE: March 22 BCC Agenda - Fire School > Jeff, > Please state the legal basis for your denial of my request for county documents by return writing. > Please also state the reason you believe you would place me in "legal jeopardy" by denying me the right to see the complaint and the underlying documents that are the basis for the complaint. > This complaint was filed in the name of the County and the commissioners. > How do I not have the legal right to see the complaint filed as described? > If there is a statute that requires me, in my capacity as a commissioner, to hold such documents confidential, please provide the statute you are relying on. > Again, a written return response is requested to this last question as well. > With thanks and happy St. Patrick's Day, > Commissioner Georgia Hiller > From: KlatzkowJeff > Sent: Thursday, March 17, 2011 3:35 PM > To: RaineyJennifer; HillerGeorgia > Cc: OchsLeo; TeachScott > Subject: RE: March 22 BCC Agenda - Fire School > Jennifer: My position is unchanged with respect to this matter. As I previously stated to Mr. Pires, which e-mail stream I have previously provided to Commissioner Hiller and which I again attach, for the reasons set forth in that e -mail stream (1) I would welcome a Court order with respect to this matter; and (2) I am holding the documents (which I have not seen, by the way) in safekeeping in case such an Order is in fact issued. > Jeffrey A. Klatzkow > County Attorney > (239) 252 -8400 > From: RaineyJennifer 4 RainevJennifer 9C From: KlatzkowJeff Sent: Friday, March 18, 2011 3:26 PM To: HillerGeorgia Cc: OchsLeo; TeachScott; RaineyJennifer Subject: RE: March 22 BCC Agenda - Fire School Categories: Red Category Commissioner: In answer to your questions: 1. My reading of the statute is that it applies to everyone. Judging from the letter we received from the State, they are of the same opinion. 2. If the NDN has this info, I have no idea who gave it to them. Just like I have no idea who gave the NDN the recent ATV Settlement Offer from the South Florida Water Management District, which they requested be held in confidence. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 - - - -- Original Message---- - From: HillerGeorgia Sent: Friday, March 18, 2011 3:15 PM To: Klatzkow3eff Cc: OchsLeo; TeachScott; Rainey3ennifer Subject: Re: March 22 BCC Agenda - Fire School You have not explained how your cited statute applies to the county, nor to me as a commissioner. Also, please explain why the NDN has much of this information. It would appear the county has breached it's duty as you explain it. I am increasingly more concerned with what is going on. Georgia Hiller Commissioner, District 2 On Mar 18, 2011, at 2:01 PM, KlatzkowJeff <JeffKlatzkow @colliergov.net> wrote: > Commissioner: > I have reviewed the transcript of the Board's action. i J�9C > It appears that the item was put on without back -up. My Office was not involved. I do not know whether any of the Commissioners were supplied with any affidavits or other documents prior to the meeting. > I have given you my reasons. You are free to bring the issue up for discussion on Tuesday. > Jeffrey A. Klatzkow > County Attorney > (239) 252 -8400 > - - - -- Original Message---- - > From: HillerGeorgia > Sent: Friday, March 18, 2011 6:30 AM > To: Klatzkow7eff > Subject: RE: March 22 BCC Agenda - Fire School > Jeff, > How does the statute you cite relate to the county? > The county filed the complaint with the State. > The investigating agency referred to is the State. > The State has found no probable cause. > Please provide with specificity the statute that exempts the county from providing me with the requested public documents, by return writing. > Has any other commissioner seen he information I have asked for? > Who in the county has seen the information I have requested? > I am beginning to have very serious concerns about your legal interpretations and conclusions. > Thank you. > Commissioner Georgia Hiller > District 2 > From: Klatzkow7eff > Sent: Thursday, March 17, 2011 5:09 PM > To: HillerGeorgia > Cc: Rainey]ennifer; OchsLeo; TeachScott > Subject: RE: March 22 BCC Agenda - Fire School > Commissioner: 2 > - 9C > In response to your query, upon the filing of the complaint, the > complaint and all documents attached to the complaint became confidential and exempt from the Public Records Law under Florida Stat. Sec. 401.414(3), which provides as follows: > "(3) The complaint and all information obtained in the investigation by the department are confidential and exempt from the provisions of s. 119.07(1) until 10 days after probable cause has been found to exist by the department, or until the person who is the subject of the investigation waives confidentiality, whichever occurs first. This subsection does not prohibit the department from providing such information to any law enforcement agency or any other regulatory agency." > Violation of this section is punishable by fine, not to exceed $1,000 under Sec. 404.411. In addition to this, I am concerned that an intentional violation of this statute would be the basis for a tort claim filed by the party who was the subject of the complaint (who is presumably the party protected by the confidentiality), which suit would likely include the County. I am also concerned that the intentional violation of this statute would be the basis of a bar complaint. > Should the disclosure of the material be in connection with a Public Records request, and you have made such a request, the Public Records law provides as follows: > "The custodian of public records shall provide safeguards to protect the contents of public records from unauthorized remote electronic access or alteration and to prevent the disclosure or modification of those portions of public records which are exempt or confidential from subsection (1) or s. 24, Art. I of the State Constitution." Sec. 119.07(2)(b). > Sec. 199.10 provides as follows: > 119.10 Violation of chapter; penalties. > (1) Any public officer who: > (a) Violates any provision of this chapter commits a noncriminal infraction, punishable by fine not exceeding $500. > (b) Knowingly violates the provisions of s. 119.07(1) is subject to suspension and removal or impeachment and, in addition, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. > (2) Any person who willfully and knowingly violates: > (a) Any of the provisions of this chapter commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. > (b) Section 119.105 commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. > Production of these documents to you, or anyone else for that matter pursuant to a Court order would eliminate these issues, and I am purposefully holding on to these documents should such a Court order issue. 3 > Jeffrey A. Klatzkow > County Attorney > (239) 252 -8400 4 9 n > (r > From: HillerGeorgia > Sent: Thursday, March 17, 2011 3:55 PM > To: Klatzkow]eff > Cc: RaineyJennifer > Subject: RE: March 22 BCC Agenda - Fire School > Jeff, > Please state the legal basis for your denial of my request for county documents by return writing. > Please also state the reason you believe you would place me in "legal jeopardy" by denying me the right to see the complaint and the underlying documents that are the basis for the complaint. > This complaint was filed in the name of the County and the commissioners. > How do I not have the legal right to see the complaint filed as described? > If there is a statute that requires me, in my capacity as a commissioner, to hold such documents confidential, please provide the statute you are relying on. > Again, a written return response is requested to this last question as well. > With thanks and happy St. Patrick's Day, > Commissioner Georgia Hiller > From: KlatzkowJeff > Sent: Thursday, March 17, 2011 3:35 PM > To: RaineyJennifer; HillerGeorgia > Cc: OchsLeo; TeachScott > Subject: RE: March 22 BCC Agenda - Fire School > Jennifer: My position is unchanged with respect to this matter. As I previously stated to Mr. Pires, which e-mail stream I have previously provided to Commissioner Hiller and which I again attach, for the reasons set forth in that e -mail stream (1) I would welcome a Court order with respect to this matter; and (2) I am holding the documents (which I have not seen, by the way) in safekeeping in case such an Order is in fact issued. > Jeffrey A. Klatzkow > County Attorney > (239) 252 -8400 > From: RaineyJennifer 4 > Sent: Thursday, March 17, 2011 3:16 PM > To: KlatzkowJeff; HillerGeorgia > Cc: OchsLeo; RaineyJennifer > Subject: RE: March 22 BCC Agenda - Fire Scho > Jeff, > Pursuant to Commissioner Hiller's public doc supply the documents from the Investigation th; you will not supply them she is considering fi. > Jennifer Rainey > Executive Aide to Board of County Commission( > Georgia Hiller, District #2 > 3299 Tamiami Trail East, Suite # 303 > Naples, FL 34112 > (239) 252 -8602 > (239) 252 -3602 Fax > From: KlatzkowJeff > Sent: Wednesday; March 16, 2011 3:13 PM > To: HillerGeorgia > Cc: RaineyJennifer; OchsLeo > Subject: RE: March 22 BCC Agenda - Fire Schoo > Commissioner: I fully appreciate what you ar legal jeopardy. > Jeffrey A. Klatzkow > County Attorney > (239) 252 -8400 > From: HillerGeorgia > Sent: Wednesday, March 16, 2011 2:58 PM > To: KlatzkowJeff > Cc: RaineyJennifer; OchsLeo > Subject: Re: March 22 BCC Agenda - Fire Schoo: > Jeff, > If the county filed the complaint, I, as a con to see them. > Georgia Hiller > Commissioner, District 2 > On Mar 16, 2011, at 2:32 PM, KlatzkowJeff <Jef > Please see the attached. > Jeffrey A. Klatzkow 5 419 > Sent: Thursday, March 17, 2011 3:16 PM Q > To: Klatzkow7eff; HillerGeorgia 7 > Cc: OchsLeo; RaineyJennifer > Subject: RE: March 22 BCC Agenda - Fire School > Jeff, > Pursuant to Commissioner Hiller's public documents request she wants you to supply the documents from the Investigation that was initiated by the County. If you will not supply them she is considering filing a writ of mandamus. > Jennifer Rainey > Executive Aide to Board of County Commissioners Aide to Commissioner > Georgia Hiller, District #2 > 3299 Tamiami Trail East, Suite # 303 > Naples, FL 34112 > (239) 252 -8602 > (239) 252 -3602 Fax > From: Klatzkow7eff > Sent: Wednesday, March 16, 2011 3:13 PM > To: HillerGeorgia > Cc: RaineyJennifer; OchsLeo > Subject: RE: March 22 BCC Agenda - Fire School > Commissioner: I fully appreciate what you are saying, but I cannot put you in legal jeopardy. > Jeffrey A. Klatzkow > County Attorney > (239) 252 -8400 > From: HillerGeorgia > Sent: Wednesday, March 16, 2011 2:58 PM > To: Klatzkow7eff > Cc: RaineyJennifer; OchsLeo > Subject: Re: March 22 BCC Agenda - Fire School > Jeff, > If the county filed the complaint, I, as a commissioner, should have the right to see them. > Georgia Hiller > Commissioner, District 2 > On Mar 16, 2011, at 2:32 PM, Klatzkow7eff <JeffKlatzkow @colliergov.net> wrote: > Please see the attached. > Jeffrey A. Klatzkow 5 WA r r Florida Law, a -maaddresses are public records. If you do not want your il address released in response to a public records request, do not send tronic mail to this entity. Instead, contact this office by telephone or in writing. <20110310073545407.pdf> Tony: As you personally know, a primary concern of any local government attorney is seek to limit the financial exposure of their client and by this the taxpayers. In keeping with that concern, it is the longstanding policy of this Office to advise staff (1) to produce any record that arguably falls within a public records request; and (2) advise staff not to produce any record that arguably falls within a statutory exemption. I believe that your request asks for documents that fall within the exemption provided by F.S. Sec. 401.414(3). Since there is a dearth of opinions to give guidance on this provision, I have elected to take a conservative approach. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: Anthony Pires [mailto:APires @wpl- legal.com] Sent: Thursday, January 27, 2011 12:38 PM To: KlatzkowJeff Cc: GrimshawHeather; Torrelohn Subject: FW: Pires1.18.11prr Importance: High Jeff, please see below. I am puzzled as to how the county can assert an exemption for these public records, discussed, quoted from and referred to at length in a public meeting and apparently previously copied and disseminated. Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239- 649 -6555 Phone 239- 649 -7342 Fax apires @wpl- legal.com Firm Website: www.wpl- legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the 9 intended recipient, you are hereby notified that you have received this 9C transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239- 649 -6555) and immediately delete this message and all its attachments. From: GrimshawHeather [ mailto: HeatherGrimshaw @colliergov.net] Sent: Thursday, January 27, 2011 11:13 AM To: Anthony Pires Cc: Torre7ohn Subject: RE: Pires1.18.11prr Tony, The County Attorney's Office has found the records are privileged and confidential pursuant to Section 401.414(3), Florida Statutes, and therefore will not be released at this time. Thank you. Heather Grimshaw Citizen Liaison Communication & Customer Relations Collier County Government 239 - 252 -8069 From: Anthony Pires [mailto Sent: Tuesday, January 18, To: Pageleff; RodriguezRod; Torre7ohn; OchsLeo :APires @wpl -legal 2011 9:36 AM McLaughlinAlan; Subject: PUBLIC RECORDS REQUEST Importance: High This is a public records request foi period beginning October 1, 2010 up emails (including blind copies sent affidavits, recordings, statements, County Commission Agenda Item 9A on This is also a public records referenced or discussed at the 9 2010• com] summersDan; GrimshawHeather; copies of for all public records, for the to today, [including but not limited to all or received)], calendars, memorandum, etc., concerning the matters discussed under November 9, 2010. request for copies of the following public records County Commission under Agenda Item 9A on November 1. the sworn statements referenced at page 55 of 2. the email and attachments from Eloy Rodriguez 56 of the attached. the attached. referenced at pages 55 and 3. Firefighter Raymond's affidavit referenced at page 58 4. Firefighter Peluchette's affidavit referenced at page 5. Chief McLaughlin's affidavit referenced at page 58 of 6. transcript of recording referenced at page 58 of the 7. consent of all participating parties to the recording 58 of the attached. m: of the attached. 58 of the attached. the attached. attached. referenced at page 8. the audio recording referenced at page 58 of the attached. 9. recording of voice mail message left by Firefighter Peluchette at page 58 of the attached. 10. Chief Rodriguez's affidavit referenced at page 58 of the attached Anthony P. Fires, ]r. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239- 649 -6555 Phone 239 - 649 -7342 Fax apires @wpl- legal.com Firm Website: www.wpl - legal.com A 9V referenced This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239- 649 -6555) and immediately delete this message and all its attachments. Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 11 49C RaineyJennifer From: HillerGeorgia Sent: Thursday, March 17, 2011 3:55 PM To: KlatzkowJeff Cc: RaineyJennifer Subject: RE: March 22 BCC Agenda - Fire School Jeff, Please state the legal basis for your denial of my request for county documents by return writing. Please also state the reason you believe you would place me in "legal jeopardy' by denying me the right to see the complaint and the underlying documents that are the basis for the complaint. This complaint was filed in the name of the County and the commissioners. How do I not have the legal right to see the complaint filed as described? If there is a statute that requires me, in my capacity as a commissioner, to hold such documents confidential, please provide the statute you are relying on. Again, a written return response is requested to this last question as well. With thanks and happy St. Patrick's Day, Commissioner Georgia Hiller From: KlatzkowJeff Sent: Thursday, March 17, 20113:35 PM To: RaineyJennifer; HillerGeorgia Cc: OchsLeo; TeachScott Subject: RE: March 22 BCC Agenda - Fire School Jennifer: My position is unchanged with respect to this matter. As I previously stated to Mr. Pires, which e -mail stream I have previously provided to Commissioner Hiller and which I again attach, for the reasons set forth in that e -mail stream (1) I would welcome a Court order with respect to this matter; and (2) I am holding the documents (which I have not seen, by the way) in safekeeping in case such an Order is in fact issued. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: RaineyJennifer Sent: Thursday, March 17, 20113:16 PM To: KlatzkowJeff; HillerGeorgia Cc: OchsLeo; RaineyJennifer Subject: RE: March 22 BCC Agenda - Fire School Jeff, &9C Pursuant to Commissioner Hiller's public documents request she wants you to supply the documents from the Investigation that was initiated by the County. If you will not supply them she is considering filing a writ of mandamus. Jennifer Rainey Executive Aide to Board of County Commissioners Aide to Commissioner Georgia Hiller, District #2 3299 Tomiami Trail East, Suite # 303 Naples, FL 34112 (239) 252 -8602 (239) 252 -3602 Fax From: KlatzkowJeff Sent: Wednesday, March 16, 20113:13 PM To: HillerGeorgia Cc: RaineyJennifer; OchsLeo Subject: RE: March 22 BCC Agenda - Fire School Commissioner: I fully appreciate what you are saying, but I cannot put you in legal jeopardy. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: HillerGeorgia Sent: Wednesday, March 16, 20112:58 PM To: KlatzkowJeff Cc: RaineyJennifer; OchsLeo Subject: Re: March 22 BCC Agenda - Fire School Jeff, If the county filed the complaint, 1, as a commissioner, should have the right to see them. Georgia Hiller Commissioner, District 2 On Mar 16, 2011, at 2:32 PM, KlatzkowJeff <JeffKlatzkow collier ov.net> wrote: Please see the attached. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: RaineyJennifer Sent: Wednesday, March 16, 20112:15 PM To: OchsLeo; KlatzkowJeff Cc: RaineyJennifer; HillerGeorgia Subject: FW: March 22 BCC Agenda - Fire School Leo /Jeff, Commissioner Hiller understands that the State has sealed the records on the EMS C investigation; however doesn't believe it seals the County records. She wants the V Y documentation to attach to the agenda item for the 3.22.2011 BCC meeting. If there is a statute or ordinance that precludes you from supplying the information please send it to her. With Thanks on behalf of Commissioner Hiller, Jennifer Rainey Executive Aide to Board of County Commissioners Aide to Commissioner Georgia Hiller, District #2 3299 Tamiami Trail East, Suite # 303 Naples, FL 34112 (239) 252 -8602 (239) 252 -3602 Fax From: OchsLeo Sent: Monday, March 14, 2011 10:12 AM To: MitchellIan Cc: HillerGeorgia; KlatzkowJeff; RaineyJennifer Subject: FW: March 22 BCC Agenda - Fire School Ian, As discussed and consistent with BCC practice, I will leave these items for your office to coordinate entry into the agenda system. Thanks. Leo From: HillerGeorgia Sent: Thursday, March 10, 2011 1:08 PM To: OchsLeo; KlatzkowJeff Cc: RaineyJennifer Subject: March 22 BCC Agenda - Fire School Leo, Please add the following to the March 22 agenda: I. Direction to the County Attorney to draft an amendment to the TDC ordinance to allow the TDC to direct the Tourist Development and the Coastal Zone staff to act at the TDC's direction, independent of direction from the County Manager. The TDC, including members of the BCC that sit on the Council, are currently bound by the County Manager's Ordinance, The County Manager does not wish to attend the TDC meetings, however, he does not have the authority to allow a member of the TDC or the BCC to direct staff since such delegation is not permitted by the County Manager's Ordinance. This amendment is recommended by County Attorney Klatzkow. Time certain - 9:30 AM 2. Discussion to update the community as to the complaint filed by Collier County EMS against the Paramedic Training School accused by Collier of improprieties. Motion to close the County's investigation of this matter. Please attach the letter that I introduced on the record at the last meeting. Please also attach all county records related to the investigation of this school, since the investigation has been 9C closed by the State. Time certain - 10 AM. Thank you for your attention to these matters — Commissioner Georgia Hiller Under Florida Law, e -mail addresses are public records. If you do not want your e -melt address released to response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: KlatzkowJeff Sent: Friday, March 11, 20114:06 PM To: 'Anthony Pires' Cc: TeachScott Subject: RE: Pires3.8.11prr Tony: t have reviewed the matter once last time and my opinion has not substantively changed from my e -mail to you of January 271',a copy of which is attached. My understanding is that the records you are looking for were never produced during any public meeting, nor are they part of the minutes and records of any public: meeting, but were simply attached to the complaint and referred to during a Board meeting. My further understanding is that pursuant to F.S Sec. 401.414(3), unless and until the person who was the subject of the investigation waives confidentiality, that these records must remain confidential and exempt from the public records requirements. As set forth in the attached the State has demanded the very same of us. We have requested that Jeff' Page hand over all responsive documents to our Office, which we will maintain for safe keeping. They will be made available to you should you obtain the necessary waiver, or pursuant to Court Order. .Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: Anthony Pires [ma ilto:APires @wpl-legal.com] Sent: Thursday, March 10, 2011 4:17 PM To: KlatzkowJeff Subject: FW: Pires3.8.11prr Please see below. Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239- 649 -6555 Phone 239- 649 -7342 Fax apiresEwpl- legal.com FIRM WE 3SITE: WWW.WPL -LEGAL COM This transmittal and /or attachments may be a confidential attorney- client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239- 649 -6555) and immediately delete this message and all its attachments. From: Anthony Pires Sent: Thursday, March 10, 2011 11:55 AM To: 'GrimshawHeather' Cc: PageJeff; RodriguezRod; McLaughlinAlan; SummersDan; TorreJohn; OchsLeo; TeachScott; 'Freeman, Liz'; 'Lytle, Jeff; 'Batten, Brent'; 'dhustyCo@news -press com'; HillerGeorgia; HenningTom Subject: RE: Pires3.8.11prr 7C Heather, I am not asking for a copy of the complaint or the allegations; _just the public records 9C publicly discussed, as referenced in my request and the attached BCC minutes. Anthony P. Fires, Jr. Woodward, Fires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239- 649 -7342 Fax apires(r)wpl -legal com FIRM WEBSITE: WWW.WPL-LEGAL.COM This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. From: GrimshawHeather [ mailto: HeatherGrimshaw @colliergov.net] Sent: Thursday, March 10, 20119:45 AM To: Anthony Pires Cc: Pageleff; RodriguezRod; McLaughlinAlan; SummersDan; TorreJohn; OchsLeo; TeachScott Subject: FW: Pires3.8.11prr Importance: High Tony, Good morning. As to your below records request, please see the attached letter stating that those records are confidential. If you have further inquiries, please contact the County Attorney's Office. Thank you. Hue ttier cw%vuslnaw Citizen Liaison Communication & Customer Relations Collier County Government 239 - 252 -8069 From: Anthony Pires [mailto:APires @wpl- legal.com] Sent: Tuesday, March 08, 2011 7:58 AM To: PageJeff; RodriguezRod; McLaughlinAlan; SummersDan; GrimshawHeather; TorreJohn; OchsLeo Subject: PUBLIC RECORDS REQUEST Importance: High i 9C '*4 This is a public records request for copies of for all public records, for the period beginning September 1, 2010 up to today, [including but not limited to all emails (including blind copies sent or received)], calendars, memorandum, affidavits, recordings, statements, etc., concerning the matters discussed under County Commission Agenda Item 9A on November 9, 2010. This is also a public records request for copies of the following public records referenced or discussed at the County Commission under Agenda Item 9A on November 9, 2010: 1. the sworn statements referenced at page 55 of the attached. 2. the email and attachments from Eloy Rodriguez referenced at pages 55 and 56 of the attached. 3. Firefighter Raymond's affidavit referenced at page 58 of the attached. 4. Firefighter Peluchette's affidavit referenced at page 58 of the attached. 5. Chief McLaughlin's affidavit referenced at page 58 of the attached. 6. transcript of recording referenced at page 58 of the attached. consent of all participating parties to the recording referenced at page 58 of the attached. 8. the audio recording referenced at page 58 of the attached. 9. recording of voice mail message left by Firefighter Peluchette referenced at page 58 of the attached. 10. Chief Rodriguez's affidavit referenced at page 58 of the attached a 9C Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239- 649 -6555 Phone 239 - 649 -7342 Fax apires a wpl- legal.com Firm Website: www. LATI - legal.com This transmittal and /or attachments may be a confidential attorney- client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 -649- 6555) and immediately delete this message and all its attachments. der Bond! Law, e -mcrl uld! xes arc pubh rea>rdv [Fw) i do not m mt sour -mail !ddrws roleascd In response o puUrc rea» !,r mauarsL do not u r d elect or ie !narl in thin u!nh Ins 1,1d, <ont iU this Owe by Meph, itine. <20110310073545407.pdf> Tony: 9� As you personally know, a primary concern of any local government attorney is seek to limit the financial exposure of their client and by this the taxpayers. In keeping with that concern, it is the longstanding policy of this Office to advise staff (1) to produce any record that arguably falls within a public records request and (2) advise staff not to produce any record that arguably falls within a statutory exemption. I believe that your request asks for documents that fall within the exemption provided by F.S. Sec. 401.414(3). Since there is a dearth of opinions to give guidance on this provision, I have elected to take a conservative approach. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: Anthony Fires [mailto:APires @wpl- Iegal.com] Sent: Thursday, January 27, 2011 12:38 PM To: Klatzkow]eff Cc: GrimshawHeather; TorreJohn Subject: FW: Pires1.18.11prr Importance: High Jeff, please see below. I am puzzled as to how the County can assert an exemption for these public records, discussed, quoted from and referred to at length in a public meeting and apparently previously copied and disseminated. Anthony P. Pires, Jr. Woodward, Fires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239- 649 -6555 Phone 239- 649 -7342 Fax apires@wpi-legal.com FIRM WEBSITE: WWW.WPL- LEGAL.COM 66,9C This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. From: GrimshawHeather [ mailto: HeatherGrimshaw @colliergov.net] Sent: Thursday, January 27, 2011 11:13 AM To: Anthony Pires Cc: TorreJohn Subject: RE: Pires1.18.11prr Tony, The County Attorney's Office has found the records are privileged and confidential pursuant to Section 401.414(3), Florida Statutes, and therefore will not be released at this time. Thank you. Hegtl er c,riwskciw Citizen Liaison Communication & Customer Relations Collier County Government 239 - 252 -8069 From: Anthony Pires [mailto:APires @wpl- legal.com] Sent: Tuesday, January 18, 2011 9:36 AM To: PageJeff; RodriguezRod; McLaughlinAlan; SummersDan; GrimshawHeather; TorreJohn; OchsLeo Subject: PUBLIC RECORDS REQUEST Importance: High This is a public records request for copies of for all public records, for the period beginning October 1, 2010 up to today, [including but not limited to all emails (including blind copies sent or received)], calendars, memorandum, affidavits, recordings, statements, etc., concerning the matters discussed under County Commission Agenda Item 9A on November 9, 2010. 10 This is also a public records request for copies of the following public records referenced or 9C discussed at the County Commission under Agenda Item 9A on November 9, 2010: 1. the sworn statements referenced at page 55 of the attached. 2. the email and attachments from Eloy Rodriguez referenced at pages 55 and 56 of the attached. 3. Firefighter Raymond's affidavit referenced at page 58 of the attached. 4. Firefighter Peluchette's affidavit referenced at page 58 of the attached. 5. Chief McLaughlin's affidavit referenced at page 58 of the attached. 6. transcript of recording referenced at page 58 of the attached. 7. consent of all participating parties to the recording referenced at page 58 of the attached. 8. the audio recording referenced at page 58 of the attached. 9. recording of voice mail message left by Firefighter Peluchette referenced at page 58 of the attached. 10. Chief Rodriguez's affidavit referenced at page 58 of the attached Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239- 649 -7342 Fax apiresgwpl- legal.com Firm Website: www.wpl- legal.com 11 This transmittal and/or attachments may be a confidential attorney- client communication or may &9C otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 -649- 6555) and immediately delete this message and all its attachments. t ial�, Flfrridz Law. ni ul a L1 sacs are rubhc ti k It rou do 01 "'wit t mi i v t 1 addh"s i. k r;'J m 1, srl t.c e, s;x;blic rte, "Ids �wuest, Vo nut u.ed OI U umi mall to t t , untftt nstcaii. . 10214rct 0111 oiltcc t +y 1, 'pho:.c er m writ ul+,. 12 0► 9C RaineyJennifer From: RaineyJennifer Sent: Thursday, March 17, 2011 3'16 PM To: KlatzkowJeff; HillerGeorgia Cc: OchsLeo; RaineyJennifer Subject: RE: March 22 BCC Agenda - Fire School Jeff Pursuant to Commissioner Hiller's public documents request she wants you to supply the documents from the Investigation that was initiated by the County. If you will not supply them she is considering filing a writ of mandamus. Jennifer Rainey Executive Aide to Board of County Commissioners Aide to Commissioner Georgia Hiller, District #2 3299 Tamiami Trail East, Suite # 303 Naples, FL 34112 (239) 252 -8602 (239) 252 -3602 Fax From: KlatzkowJeff Sent: Wednesday, March 16, 20113:13 PM To: HillerGeorgia Cc: RaineyJennifer; OchsLeo Subject: RE: March 22 BCC Agenda - Fire School Commissioner: I fully appreciate what you are saying, but 1 cannot put you in tegal jeopardy. Jeffrey A. Klatzkow County Attorney (239) 252- 8400.0_ From: HillerGeorgia Sent: Wednesday, March 16, 20112:58 PM To: KlatzkowJeff Cc: RaineyJennifer; OchsLeo Subject: Re: March 22 BCC Agenda - Fire School Jeff, If the county filed the complaint, 1, as a commissioner, should have the right to see them. Georgia Hiller Commissioner, District 2 On Mar 16, 2011, at 2:32 PM, KlatzkowJeff QeffKlatzkow tdcolliergov.net> wrote: Please see the attached. U Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: RaineyJennifer Sent: Wednesday, March 16, 20112:15 PM To: OchsLeo; Klatzkowleff Cc: RaineyJennifer, HillerGeorgia Subject: FW: March 22 BCC Agenda - Fire School Leo /Jeff, Commissioner Hiller understands that the State has sealed the records on the EMS investigation; however doesn't believe it seals the County records. She wants the documentation to attach to the agenda item for the 3.22.2011 BCC meeting. If there is a statute or ordinance that precludes you from supplying the information please send it to her. With Thanks on behalf of Commissioner Hiller, Jennifer Rainey Executive Aide to Board of County Commissioners Aide to Commissioner Georgia Hiller, District #2 3299 Tamiami Trail East, Suite # 303 Naples, FL 34112 (239) 252 -8602 (239) 252 -3602 Fax From: OchsLeo Sent: Monday, March 14, 2011 10:12 AM To: MitchellIan Cc: HillerGeorgia; KlatzkowJeff; RaineyJennifer Subject: FW: March 22 BCC Agenda - Fire School Ian, 49C As discussed and consistent with BCC practice, I will leave these items for your office to coordinate entry into the agenda system. Thanks. Leo From: HillerGeorgia Sent: Thursday, March 10, 2011 1:08 PM To: OchsLeo; KlatzkowJeff Cc: RaineyJennifer Subject: March 22 BCC Agenda - Fire School Leo, Please add the following to the March 22 agenda: Direction to the County Attorney to draft an amendment to the TDC ordinance to allow the TDC to direct to C the Tourist Development and the Coastal Zone staff to act at the TDC's direction, independent of direction from the County Manager. The TDC, including members of the BCC that sit on the Council, are currently bound by the County Manager's Ordinance. The County Manager does not wish to attend the TDC meetings, however, he does not have the authority to allow a member of the TDC or the BCC to direct staff since such delegation is not permitted by the County Manager's Ordinance. This amendment is recommended by County Attorney Klatzkow. Time certain - 9:30 AM Discussion to update the community as to the complaint filed by Collier County EMS against the Paramedic Training School accused by Collier of improprieties. Motion to close the County's investigation of this matter. Please attach the letter that I introduced on the record at the last meeting. Please also attach all county records related to the investigation of this school, since the investigation has been closed by the State. Time certain - 10 AM. Thank you for your attention to these matters — Commissioner Georgia Hiller Under Florida Law, e -mail addresses are public records. If you do not wart your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: Klatzkowleff Sent: Friday, March 11, 20114:06 PM To: 'Anthony Pires' Cc: TeachScott Subject: RE: Pires3.8.11prr Tony: I have reviewed the matter once last time and my opinion has not substantively changed from my e -mail to you of January 27th,a copy of which is attached. My understanding is that the records you are looking for were never produced during any public meeting, nor are they part of the minutes and records of any public meeting, but were simply attached to the complaint and referred to during a Board meeting. My further understanding is that pursuant to F.S Sec. 401.414(3), unless and until the person who was the subject of the investigation waives confidentiality, that these records must remain confidential and exempt from the public records requirements. As set forth in the attached the State has demanded the very same of us. 10 •9C We have requested that Jeff Page hand over all responsive documents to our Office, which we will maintain for safe keeping. They will be made available to you should you obtain the necessary waiver, or pursuant to Court Order. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: Anthony Pires [mailto:APires @wpl- legal.com] Sent: Thursday, March 10, 20114:17 PM To: Klatzkow]eff Subject: FW: Pires3.8.11prr Please see below. Anthony P. Fires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239- 649 -6555 Phone 239 - 649 -7342 Fax apires @wpl- legal.com FIRM WEBSITE: WWW.WPL-LEGAL.COM This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. 1.1 From: Anthony Pires Sent: Thursday, March 10, 2011 11:55 AM To: 'GrimshawHeather' Cc: Pageleff; RodriguezRod; McLaughlinAlan; SummersDan; TorreJohn; OchsLeo; TeachScott; 'Freeman, Liz'; 'Lytle, Jeff; 'Batten, Brent'; 'dhusty @news- ress_com'; HillerGeorgia; HenningTom Subject: RE: Pires3.8.11prr Heather, I am not asking for a copy of the complaint or the allegations; just the public records publicly discussed, as referenced in my request and the attached BCC minutes. Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239- 649 -7342 Fax apires @wpl- Ieeal.com FIRM WEBSITE: WWW.WPL-LEGAL.COM This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239- 649 -6555) and immediately delete this message and all its attachments. From: GrimshawHeather [ mailto: HeatherGrimshaw @colliergov.net] Sent: Thursday, March 10, 20119:45 AM To: Anthony Pires Cc: Pageleff; RodriguezRod; McLaughlinAlan; SummersDan; Torrelohn; OchsLeo; TeachScott Subject: FW: Pires3.8.11prr Importance: High 12 Tony, Ilk 9C Good morning. As to your below records request, please see the attached letter stating that those records are confidential. If you have further inquiries, please contact the County Attorney's Office. Thank you. Freatlnev c,viw�shaw Citizen Liaison Communication & Customer Relations Collier County Government 239 - 252 -8069 From: Anthony Pires [mailto:APires @wpl-legal.coml Sent: Tuesday, March 08, 20117:58 AM To: PageJeff; RodriguezRod; McLaughlinAlan; SummersDan; GrimshawHeather; TorreJohn; OchsLeo Subject; PUBLIC RECORDS REQUEST Importance: High This is a public records request for copies of for all public records, for the period beginning September 1, 2010 up to today, [including but not limited to all entails (including blind copies sent or received)], calendars, memorandum, affidavits, recordings, statements, etc., concerning the matters discussed under County Commission Agenda Item 9A on November 9, 2010. This is also a public records request for copies of the following public records referenced or discussed at the County Commission under Agenda Item 9A on November 9, 2010: 1. the sworn statements referenced at page 55 of the attached. 2. the email and attachments from Eloy Rodriguez referenced at pages 55 and 56 of the attached. 3. Firefighter Raymond's affidavit referenced at page 58 of the attached. 4. Firefighter Peluchette's affidavit referenced at page 58 of the attached. 5. Chief McLaughlin's affidavit referenced at page 58 of the attached. 6. transcript of recording referenced at page 58 of the attached. 7. consent of all participating parties to the recording referenced at page 58 of the attached. 13 to 8. the audio recording referenced at page 58 of the attached. 9. recording of voice mail message left by Firefighter Peluchette referenced at page 58 of the attached. 10. Chief Rodriguez's affidavit referenced at page 58 of the attached Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239- 649 -6555 Phone 239 - 649 -7342 Fax apiresAa 2l- legal.corn Firm Website: www.wpl- legal.com This transmittal and/or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone (call us at 239 -649- 6555) and immediately delete this message and all its attachments. 14 i'tu. t I lot idj Law e mt I addresses ni ubllc ommds If you do not v ant vow Cou d address a I asrd in reypo ise m a publ c n nods request. do not senv .I .o!onlc molt to this entity' InsFac. , to tad this office hy. tc lo„ hunt or n t nn mr <20110310073545407.pdf> Tony: As you personally know, a primary concern of any local government attorney is seek to limit the financial exposure of their client and by this the taxpayers. In keeping with that concern, it is the longstanding policy of this Office to advise staff ( I ) to produce any record that arguably falls within a public records request; and (2) advise staff not to produce any record that arguably falls within a statutory exemption- I believe that your request asks for documents that fall within the exemption provided by F.S. Sec. 401.414(3). Since there is a dearth of opinions to give guidance on this provision, 1 have elected to take a conservative approach. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: Anthony Fires [mailto:APires @wpl- legal.com] Sent: Thursday, January 27, 2011 12:38 PM To: KlatzkowJeff Cc: GrimshawHeather; TorreJohn Subject: F W: Pires1.18.11prr Importance: High Jeff, please see below. I am puzzled as to how the County can assert an exemption for these public records, discussed, quoted from and referred to at length in a public meeting and apparently previously copied and disseminated. Anthony P. Pires, Jr. Woodward, Fires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 15 239- 649 -6555 Phone 239- 649 -7342 Fax apiresC@wpl- legal.com FIRM WEBSITE: WWW.WFL- LEGAL.COM rfi This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. From: GrimshawHeather [mailto:HeatherGrimshaw @colliergov.net] Sent: Thursday, January 27, 2011 11:13 AM To: Anthony Fires Cc: TorreJohn Subject: RE: Pires1.18.11prr Tony, The County Attorney's Office has found the records are privileged and confidential pursuant to Section 401.414(3), Florida Statutes, and therefore will not be released at this time. Thank you. Heather c jji� show Citizen Liaison Communication & Customer Relations Collier County Government 239- 252 -8069 From: Anthony Fires [mailto:APires @wpl- Iegal.com] Sent: Tuesday, January 18, 2011 9:36 AM To: PageJeff; RodriguezRod; McLaughlinAlan; SummersDan; GrimshawHeather; TorreJohn; OchsLeo Subject: PUBLIC RECORDS REQUEST Importance: High 16 This is a public records request for copies of for all public records, for the period beginning 9C October 1, 2010 up to today, [including but not limited to all emails (including blind copies sent or received)], calendars, memorandum, affidavits, recordings, statements, etc., concerning the matters discussed under County Commission Agenda Item 9A on November 9, 2010. This is also a public records request for copies of the following public records referenced or discussed at the County Commission under Agenda Item 9A on November 9, 2010: 1. the sworn statements referenced at page 55 of the attached. 2. the email and attachments from Eloy Rodriguez referenced at pages 55 and 56 of the attached. 3. Firefighter Raymond's affidavit referenced at page 58 of the attached. 4. Firefighter Peluchette's affidavit referenced at page 58 of the attached. 5. Chief McLaughlin's affidavit referenced at page 58 of the attached. 6. transcript of recording referenced at page 58 of the attached. 7. consent of all participating parties to the recording referenced at page 58 of the attached. 8. the audio recording referenced at page 58 of the attached. 9. recording of voice mail message left by Firefighter Peluchette referenced at page 58 of the attached. 10. Chief Rodriguez's affidavit referenced at page 58 of the attached Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239 - 649 -7342 Fax 17 ) apires@ TI -le al com *qC Firm Website: www.wpl_le al.com This transmittal and /or attachments may be a confidential attorney- client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 -649- 6555) and immediately delete this message and all its attachments. i r i Ion la I uw . o n I add t sa are n tl C c") la II 'ou do not y� t , +w o "'all nid'ws el .d el rca,x „t > a pn.hhi ; tray :.qucct. Jrr aot 011 e1. CItuiiy,ta alto I de, „vta) m.7eiJ c,, t4,', otlue b, ICIcP ronc of nc +ni n�.. 18 9C RaineyJennifer From: RaineyJennifer Sent: Thursday, March 17, 2011 2:34 PM To: PriceLen Cc: RaineyJennifer Subject: Puchasing Policy Len, we have the Purchasing Policy thank you so much. Jennifer Rainey Executive Aide to Board of County Commissioners Aide to Commissioner Georgia Hiller, District #2 3299 Tamiami Trail East, Suite # 303 Naples, FL 34112 (239) 252 -8602 (239) 252 -3602 Fax Under Florida Law, e -mail addresses are public: records. If you do not want your email address released in response to a public records request do not send electronic mail to this entity. Instead, contact this office by telephone Orin writing. 19 k�: 9 C RaineyJennifer From: RaineyJennifer Sent: Wednesday, March 16, 2011 2:15 PM To: OchsLeo; KlatzkowJeff Cc: RaineyJennifer; HillerGeorgia Subject: FW: March 22 BCC Agenda - Fire School Leo /Jeff, Commissioner Hiller understands that the State has sealed the records on the EMS investigation; however doesn't believe it seals the County records. She wants the documentation to attach to the agenda item for the 3.22.2011 BCC meeting. If there is a statute or ordinance that precludes you from supplying the information please send it to her. With Thanks on behalf of Commissioner Hiller, Jennifer Rainey Executive Aide to Board of County Commissioners Aide to Commissioner Georgia Hiller, District #2 3299 Tomiami Trail East, Suite # 303 Naples, FL 34112 (239) 252 -8602 (239) 252 -3602 Fax From: OchsLeo Sent: Monday, March 14, 2011 10:12 AM To: MitchellIan Cc: HillerGeorgia; KlatzkowJeff; RaineyJennifer Subject: FW: March 22 BCC Agenda - Fire School Ian, As discussed and consistent with BCC practice, I will leave these items for your office to coordinate entry into the agenda system. Thanks. Leo From: HillerGeorgia Sent: Thursday, March 10, 2011 1:08 PM To: OchsLeo; KlatzkowJeff Cc: RaineyJennifer Subject: March 22 BCC Agenda - Fire School Leo, Please add the following to the March 22 agenda: W 71; 1. Direction to the County Attorney to draft an amendment to the TDC ordinance to allow the TDC to direct the Tourist Development and the Coastal Zone staff to act at the TDC's direction, independent of direction from the County Manager. The TDC, including members of the BCC that sit on the Council, are currently bound by the County Manager's Ordinance. The County Manager does not wish to attend the TDC meetings, however, he does not have the authority to allow a member of the TDC or the BCC to direct staff since such delegation is not permitted by the County Manager's Ordinance. This amendment is recommended by County Attorney Klatzkow. Time certain - 9:30 AM 2. Discussion to update the community as to the complaint filed by Collier County EMS against the Paramedic Training School accused by Collier of improprieties. Motion to close the County's investigation of this matter. Please attach the letter that I introduced on the record at the last meeting. Please also attach all county records related to the investigation of this school, since the investigation has been closed by the State. Time certain - 10 AM. Thank you for your attention to these matters — Commissioner Georgia Hiller Under Florida Law, e -mail addresses are public records. If you do riot want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. &9C ri RaineyJennifer From: HillerGeorgia Sent: Wednesday, December 29, 2010 4:54 PM To: KlatzkowJeff; OchsLeo Cc: RaineyJennifer Subject: FW: Fire Control Communications Attachments: 258475. PDF Leo /Jeff: Last month I inquired how these affidavits were obtained. The letter attached below provides a different picture then the responses that were provided by Staff. I would appreciate an explanation as to why this is so. The allegations made in this letter are very serious. What is being done by the County to investigate whether what is described did in fact happen. County staff can't be threatened to act or not act by anybody (including superiors), for any reason. Intercepting communications illegally is also a serious issue. By way of this e-mail, I ask for a full report on this matter. Thank you. Commissioner Georgia Hiller District 2 From: RaineyJennifer Sent: Wednesday, December 29, 2010 11:47 AM To: HillerGeorgia Subject: SIRE Mail Message Correspondence 11 -23 -2010 Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. RE: North Naples Fire Control & Rescue District. Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send 695 J9C electronic mail to this entity. Instead, contact this office by telephone or in writing. RaineyJennifer 9 C From: KlatzkowJeff Sent: Wednesday, January 05, 2011 2:01 PM To: HillerGeorgia; OchsLeo Cc: RaineyJennifer; TeachScott Subject: RE: Fire Control Communications Attachments: 934. docx Commissioner: In answer to your question, depending upon the facts, intercepting, taping and disclosure of telephone calls can constitute a third degree felony in Florida. See F.S. 934.03, copy attached. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 - - - -- Original Message---- - From: HillerGeorgia Sent: Wednesday, January 05, 2011 11:20 AM To: KlatzkowJeff; OchsLeo Cc: RaineyJennifer; TeachScott Subject: RE: Fire Control Communications Understood and agreed. What I need from you is the legal analysis as to whether the claims are supported by law. Can staff's calls be recorded without their permission etc. I need Leo to address the facts - as to whether they are true or false as presented in Fire's letter. Thank you. Commissioner Georgia Hiller District 2 From: Klatzkow3eff Sent: Tuesday, January 04, 2011 9:45 AM To: HillerGeorgia; OchsLeo Cc: RaineyJennifer; TeachScott Subject: RE: Fire Control Communications Commissioner: Board policy is that this Office not investigate staff. Unless the Board directs otherwise, my hands are tied. 536 Jeffrey A. Klatzkow County Attorney (239) 252 -8400 - - - -- Original Message---- - From: HillerGeorgia Sent: Monday, January 03, 2011 10:19 AM To: Klatzkow7eff; OchsLeo Cc: Rainey7ennifer Subject: RE: Fire Control Communications Agreed Jeff, however, the County is being accused of civil and criminal misconduct. t9C I need a response from you and Leo as to what transpired, and what defense the County has against the charges that are being made. The claims made are serious and should be refuted if they are false. If they are true, then corrective policy action is required. I await your and Leo's response. Thank you. Commissioner Georgia Hiller District 2 From: Klatzkowieff Sent: Friday, December 31, 2010 2:28 PM To: HillerGeorgia; OchsLeo Cc: Rainey7ennifer Subject: RE: Fire Control Communications Commissioner: My Office was not involved in this matter, and based on prior Board direction, we cannot investigate allegations against staff except when relevant to pending litigation or if specifically directed to by the Board (which I would typically recommend against given our day -to -day working relationship with staff) . Jeffrey A. Klatzkow County Attorney (239) 252 -8400 - - - -- Original Message---- - From: HillerGeorgia Sent: Wednesday, December 29, 2010 4:54 PM 537 To: Klatzkowieff; OchsLeo Cc: RaineyJennifer 9 (1 Subject: FW: Fire Control Communications (� Leo /Jeff: Last month I inquired how these affidavits were obtained. The letter attached below provides a different picture then the responses that were provided by Staff. I would appreciate an explanation as to why this is so. The allegations made in this letter are very serious. What is being done by the County to investigate whether what is described did in fact happen. County staff can't be threatened to act or not act by anybody (including superiors), for any reason. Intercepting communications illegally is also a serious issue. By way of this e-mail, I ask for a full report on this matter. Thank you. Commissioner Georgia Hiller District 2 From: RaineyJennifer Sent: Wednesday, December 29, 2010 11:47 AM To: HillerGeorgia Subject: SIRE Mail Message Correspondence 11 -23 -2010 Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. RE: North Naples Fire Control & Rescue District. Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 538 r Under Florida Law, e-mail addresses are public records. If you do not want y r e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 539 J RaineyJennifer 9C From: HillerGeorgia Sent: Wednesday, January 05, 2011 11:20 AM To: KlatzkowJeff; OchsLeo Cc: RaineyJennifer; TeachScott Subject: RE: Fire Control Communications Understood and agreed. What I need from you is the legal analysis as to whether the claims are supported by law. Can staff's calls be recorded without their permission etc. I need Leo to address the facts - as to whether they are true or false as presented in Fire's letter. Thank you. Commissioner Georgia Hiller District 2 From: KlatzkowJeff Sent: Tuesday, January 04, 2011 9:45 AM To: HillerGeorgia; OchsLeo Cc: RaineyJennifer; TeachScott Subject: RE: Fire Control Communications Commissioner: Board policy is that this Office not investigate staff. Unless the Board directs otherwise, my hands are tied. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 - - - -- Original Message---- - From: HillerGeorgia Sent: Monday, January 03, 2011 10:19 AM To: KlatzkowJeff; OchsLeo Cc: RaineyJennifer Subject: RE: Fire Control Communications Agreed Jeff, however, the County is being accused of civil and criminal misconduct. I need a response from you and Leo as to what transpired, and what defense the County has against the charges that are being made. The claims made are serious and should be refuted if they are false. 543 If they are true, then corrective policy action is required. + v I await your and Leo's response. Thank you. Commissioner Georgia Hiller District 2 From: Klatzkow7eff Sent: Friday, December 31, 2010 2:28 PM To: HillerGeorgia; OchsLeo Cc: Raineyiennifer Subject: RE: Fire Control Communications Commissioner: My Office was not involved in this matter, and based on prior Board direction, we cannot investigate allegations against staff except when relevant to pending litigation or if specifically directed to by the Board (which I would typically recommend against given our day -to -day working relationship with staff). Jeffrey A. Klatzkow County Attorney (239) 252 -8400 - - - -- Original Message---- - From: HillerGeorgia Sent: Wednesday, December 29, 2010 4:54 PM To: Klatzkow7eff; OchsLeo Cc: Raineyiennifer Subject: FW: Fire Control Communications Leo /Jeff: Last month I inquired how these affidavits were obtained. The letter attached below provides a different picture then the responses that were provided by Staff. I would appreciate an explanation as to why this is so. The allegations made in this letter are very serious. What is being done by the County to investigate whether what is described did in fact happen. 544 County staff can't be threatened to act or not act by anybody (includin� C superiors), for any reason. Intercepting communications illegally is also a serious issue. By way of this e-mail, I ask for a full report on this matter. Thank you. Commissioner Georgia Hiller District 2 From: Raineylennifer Sent: Wednesday, December 29, 2010 11:47 AM To: HillerGeorgia Subject: SIRE Mail Message Correspondence 11 -23 -2010 Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. RE: North Naples Fire Control & Rescue District. Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send 545 > County Attorney > (239) 252 -8400 > From: Rainey7ennifer ^ > Sent: Wednesday, March 16, 2011 2:15 PM 9 > To: OchsLeo; KlatzkowJeff > Cc: Rainey7ennifer; HillerGeorgia > Subject: FW: March 22 BCC Agenda - Fire School > Leo /Jeff, Commissioner Hiller understands that the State has sealed the records on the EMS investigation; however doesn't believe it seals the County records. She wants the documentation to attach to the agenda item for the 3.22.2011 BCC meeting. If there is a statute or ordinance that precludes you from supplying the information please send it to her. > With Thanks on behalf of Commissioner Hiller, > Jennifer Rainey > Executive Aide to Board of County Commissioners Aide to Commissioner > Georgia Hiller, District #2 > 3299 Tamiami Trail East, Suite # 303 > Naples, FL 34112 > (239) 252 -8602 > (239) 252 -3602 Fax > From: OchsLeo > Sent: Monday, March 14, 2011 10:12 AM > To: MitchellIan > Cc: HillerGeorgia; KlatzkowJeff; Rainey7ennifer > Subject: FW: March 22 BCC Agenda - Fire School > Ian, > As discussed and consistent with BCC practice, I will leave these items for your office to coordinate entry into the agenda system. Thanks. > Leo > From: HillerGeorgia > Sent: Thursday, March 10, 2011 1:08 PM > To: OchsLeo; KlatzkowJeff > Cc: Rainey7ennifer > Subject: March 22 BCC Agenda - Fire School > Leo, 9C > Please add the following to the March 22 agenda: > 1. Direction to the County Attorney to draft an amendment to the TDC > ordinance to allow the TDC to direct the Tourist Development and the Coastal Zone staff to act at the TDC's direction, independent of direction from the County Manager. The TDC, including members of the BCC that sit on the Council, are currently bound by the County Manager's Ordinance. The County Manager does not wish to attend the TDC meetings, however, he does not have the authority to allow a member of the TDC or the BCC to direct staff since such delegation is not permitted by the County Manager's Ordinance. This amendment is recommended by County Attorney Klatzkow. Time certain - 9:30 AM 2. Discussion to update the community as to the complaint filed by Collier County EMS against the Paramedic Training School accused by Collier of improprieties. Motion to close the County's investigation of this matter. Please attach the letter that I introduced on the record at the last meeting. Please also attach all county records related to the investigation of this school, since the investigation has been closed by the State. Time certain - 10 AM. > Thank you for your attention to these matters - > Commissioner Georgia Hiller > Under Florida e -mail address electronic mail writing. Law, e-mail addresses are public released in response to a public to this entity. Instead, contact Jeffrey A. Klatzkoti County Attorney (239) 252 -8400 From: KlatzkowJeff Sent: Friday, March To: 'Anthony Pires' Cc: TeachScott Subject: RE: Pires3 11, 2011 4:06 PM 8.11prr records. If you do not want your records request, do not send this office by telephone or in > Tony: > I have reviewed the matter once last time and my opinion has not substantively changed from my e -mail to you of January 27th,a copy of which is attached. 7 > My understanding is that the records you are looking for were never 9 produced during any public meeting, nor are they part of the minutes and records of any public meeting, but were simply attached to the complaint and referred to during a Board meeting. My further understanding is that pursuant to F.S Sec. 401.414(3), unless and until the person who was the subject of the investigation waives confidentiality, that these records must remain confidential and exempt from the public records requirements. As set forth in the attached the State has demanded the very same of us. > We have requested that Jeff Page hand over all responsive documents to our Office, which we will maintain for safe keeping. They will be made available to you should you obtain the necessary waiver, or pursuant to Court Order. > Jeffrey A. Klatzkow > County Attorney > (239) 252 -8400 > From: Anthony Pires [mailto:APires @wpl- legal.com] > Sent: Thursday, March 10, 2011 4:17 PM > To: KlatzkowJeff > Subject: FW: Pires3.8.11prr > Please see below. > Anthony P. Pires, Jr. > Woodward, Pires & Lombardo, P.A. > 3200 North Tamiami Trail > Suite 200 > Naples, Florida 34103 > 239 - 649 -6555 Phone > 239- 649 -7342 Fax > apires @wpl- legal.com > Firm Website: www.wpl - legal.com > This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. From: Anthony Pires Sent: Thursday, March 10, 2011 11:55 AM To: 'GrimshawHeather' Cc: PageJeff; RodriguezRod; McLaughlinAlan; SummersDan; Torrelohn; OchsLeo; TeachScott; 'Freeman, Liz'; 'Lytle, Jeff'; 'Batten, Brent'; 'dhusty @news - press.com'; HillerGeorgia; HenningTom Subject: RE: Pires3.8.11prr M ' 9C > Heather, I am not asking for a copy of the complaint or the allegations; just the public records publicly discussed, as referenced in my request and the attached BCC minutes. > Anthony P. Pires, Jr. > Woodward, Fires & Lombardo, P.A. > 3200 North Tamiami Trail > Suite 200 > Naples, Florida 34103 > 239 - 649 -6555 Phone > 239- 649 -7342 Fax > apires @wpl- legal.com > Firm Website: www.wpl - legal.com > This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. > From: GrimshawHeather [ mailto: HeatherGrimshaw @colliergov.net] > Sent: Thursday, March 10, 2011 9:45 AM > To: Anthony Pires > Cc: PageJeff; RodriguezRod; McLaughlinAlan; SummersDan; Torre7ohn; > OchsLeo; TeachScott > Subject: FW: Pires3.8.11prr > Importance: High > Tony, > Good morning. As to your below records request, please see the attached letter stating that those records are confidential. If you have further inquiries, please contact the County Attorney's Office. Thank you. > Heather Grimshaw > Citizen Liaison > Communication & Customer Relations > Collier County Government > 239 - 252 -8069 > From: Anthony Pires [mailto:APires @wpl- legal.com] > Sent: Tuesday, March 08, 2011 7:58 AM > To: PageJeff; RodriguezRod; McLaughlinAlan; SummersDan; > GrimshawHeather; Torre7ohn; OchsLeo > Subject: PUBLIC RECORDS REQUEST > Importance: High 0 > This is a public records request period beginning September 1, 2010 emails (including blind copies sent affidavits, recordings, statements, County Commission Agenda Item 9A on &9C for copies of for all public records, for the up to today, [including but not limited to all or received)], calendars, memorandum, etc., concerning the matters discussed under November 9, 2010. > This is also a public records request for copies of the following public records referenced or discussed at the County Commission under Agenda Item 9A on November 9, 2010: > 1. the sworn statements referenced at page 55 of the attached. > 2. the email and attachments from Eloy Rodriguez referenced at pages 55 and 56 of the attached. > 3. Firefighter Raymond's affidavit referenced at > 4. Firefighter Peluchette's affidavit referenced attached. > 5. Chief McLaughlin's affidavit referenced at > 6. transcript of recording referenced at page > 7. consent of all participating parties to the page 58 of the attached. page 58 of the attached. at page 58 of the page 58 of the attached. 58 of the attached. recording referenced at > 8. the audio recording referenced at page 58 of the attached. > 9. recording of voice mail message left by Firefighter Peluchette referenced at page 58 of the attached. > 10. Chief Rodriguez's affidavit referenced at page 58 of the attached > Anthony P. Pires, Jr. > Woodward, Pires & Lombardo, P.A. > 3200 North Tamiami Trail > Suite 200 > Naples, Florida 34103 > 239 - 649 -6555 Phone > 239 - 649 -7342 Fax > apires @wpl- legal.com > Firm Website: www.wpl - legal.com > This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239- 649 -6555) and immediately delete this message and all its attachments. > - - --- > Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send 10 'a, 9 electronic mail to this entity. Instead, contact this office by telephone or in writing. > <20110310073545407.pdf> > Tony: > As you personally know, a primary concern of any local government attorney is seek to limit the financial exposure of their client and by this the taxpayers. In keeping with that concern, it is the longstanding policy of this Office to advise staff (1) to produce any record that arguably falls within a public records request; and (2) advise staff not to produce any record that arguably falls within a statutory exemption. I believe that your request asks for documents that fall within the exemption provided by F.S. Sec. 401.414(3). Since there is a dearth of opinions to give guidance on this provision, I have elected to take a conservative approach. > Jeffrey A. Klatzkow > County Attorney > (239) 252 -8400 > From: Anthony Pires [mailto:APires @wpl- legal.com] > Sent: Thursday, January 27, 2011 12:38 PM > To: KlatzkowJeff > Cc: GrimshawHeather; TorreJohn > Subject: FW: Pires1.18.11prr > Importance: High > Jeff, please see below. I am puzzled as to how the County can assert an exemption for these public records, discussed, quoted from and referred to at length in a public meeting and apparently previously copied and disseminated. > Anthony P. Fires, Jr. > Woodward, Pires & Lombardo, P.A. > 3200 North Tamiami Trail > Suite 200 > Naples, Florida 34103 > 239 - 649 -6555 Phone > 239 - 649 -7342 Fax > apires @wpl- legal.com > Firm Website: www.wpl - legal.com > This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239- 649 -6555) and immediately delete this message and all its attachments. > From: GrimshawHeather [ mailto: HeatherGrimshaw @colliergov.net] 11 > Sent: Thursday, January > To: Anthony Pires > Cc: Torre7ohn > Subject: RE: Pires1.18. > Tony, 27, 2011 11:13 AM 11prr 69C > The County Attorney's Office has found the records are privileged and confidential pursuant to Section 401.414(3), Florida Statutes, and therefore will not be released at this time. Thank you. > Heather Grimshaw > Citizen Liaison > Communication & Customer Relations > Collier County Government > 239 -252 -8069 > From: Anthony Pires [mailto:APires @wpl- legal.com] > Sent: Tuesday, January 18, 2011 9:36 AM > To: PageJeff; RodriguezRod; McLaughlinAlan; SummersDan; > GrimshawHeather; Torre7ohn; OchsLeo > Subject: PUBLIC RECORDS REQUEST > Importance: High > This is a public records request for copies of for all public records, for the period beginning October 1, 2010 up to today, [including but not limited to all emails (including blind copies sent or received)], calendars, memorandum, affidavits, recordings, statements, etc., concerning the matters discussed under County Commission Agenda Item 9A on November 9, 2010. > This is also a public records request for copies of the following public records referenced or discussed at the County Commission under Agenda Item 9A on November 9, 2010: > 1. the sworn statements referenced at page 55 of the attached. > 2. the email and attachments from Eloy Rodriguez referenced at pages 55 and 56 of the attached. > 3. Firefighter Raymond's affidavit referenced at page 58 of the attached. > 4. Firefighter Peluchette's affidavit referenced at page 58 of the attached. > 5. Chief McLaughlin's affidavit referenced at page 58 of the attached. > 6. transcript of recording referenced at page 58 of the attached. > 7. consent of all participating parties to the recording referenced at page 58 of the attached. > 8. the audio recording referenced at page 58 of the attached. > 9. recording of voice mail message left by Firefighter Peluchette referenced at page 58 of the attached. > 10. Chief Rodriguez's affidavit referenced at page 58 of the attached 12 > Anthony P. Pires, Jr. ► Q C > Woodward, Pires & Lombardo, P.A. 7 > 3200 North Tamiami Trail > Suite 200 > Naples, Florida 34103 > 239 - 649 -6555 Phone > 239 - 649 -7342 Fax > apires @wpl- legal.com > Firm Website: www.wpl - legal.com > This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. > - - - - - > Under Florida Law, e-mail addresses are e -mail address released in response to a electronic mail to this entity. Instead, writing. 13 public records. If you do not want your Public records request, do not send contact this office by telephone or in RaineWennifer big C From: HillerGeorgia Sent: Friday, March 18, 2011 3:15 PM To: KlatzkowJeff Cc: OchsLeo, TeachScott, RaineyJennifer Subject: Re: March 22 BCC Agenda - Fire School You have not explained how your cited statute applies to the county, nor to me as a commissioner. Also, please explain why the NON has much of this information. It would appear the county has breached it's duty as you explain it. I am increasingly more concerned with what is going on. Georgia Hiller Commissioner, District 2 On Mar 18, 2011, at 2:01 PM, Klatzkow7eff <JeffKlatzkow @colliergov.net> wrote: > Commissioner: > I have reviewed the transcript of the Board's action. > It appears that the item was put on without back -up. My Office was not involved. I do not know whether any of the Commissioners were supplied with any affidavits or other documents prior to the meeting. > I have given you my reasons. You are free to bring the issue up for discussion on Tuesday. > Jeffrey A. Klatzkow > County Attorney > (239) 252 -8400 > - - - -- Original Message---- - > From: HillerGeorgia > Sent: Friday, March 18, 2011 6:30 AM > To: Klatzkow7eff > Subject: RE: March 22 BCC Agenda - Fire School > Jeff, > How does the statute you cite relate to the county? > The county filed the complaint with the State. > The investigating agency referred to is the State. 1 > The State has found no probable cause. > Please provide with specificity the statute that exempts the county from providing me with the requested public documents, by return writing. > Has any other commissioner seen he information I have asked for? > Who in the county has seen the information I have requested? > I am beginning to have very serious concerns about your legal interpretations and conclusions. > Thank you. > Commissioner Georgia Hiller > District 2 > From: KlatzkowJeff > Sent: Thursday, March 17, 2011 5:09 PM > To: HillerGeorgia > Cc: Rainey7ennifer; OchsLeo; TeachScott > Subject: RE: March 22 BCC Agenda - Fire School > Commissioner: > In response to your query, upon the filing of the complaint, the > complaint and all documents attached to the complaint became confidential and exempt from the Public Records Law under Florida Stat. Sec. 401.414(3), which provides as follows: > "(3) The complaint and all information obtained in the investigation by the department are confidential and exempt from the provisions of s. 119.07(1) until 10 days after probable cause has been found to exist by the department, or until the person who is the subject of the investigation waives confidentiality, whichever occurs first. This subsection does not prohibit the department from providing such information to any law enforcement agency or any other regulatory agency." > Violation of this section is punishable by fine, not to exceed $1,000 under Sec. 404.411. In addition to this, I am concerned that an intentional violation of this statute would be the basis for a tort claim filed by the party who was the subject of the complaint (who is presumably the party protected by the confidentiality), which suit would likely include the County. I am also concerned that the intentional violation of this statute would be the basis of a bar complaint. > Should the disclosure of the material be in connection with a Public Records request, and you have made such a request, the Public Records law provides as follows: 2 > 9C > "The custodian of public records shall provide safeguards to protect the contents of public records from unauthorized remote electronic access or alteration and to prevent the disclosure or modification of those portions of public records which are exempt or confidential from subsection (1) or s. 24, Art. I of the State Constitution." Sec. 119.07(2)(b). > Sec. 199.10 provides as follows: > 119.10 Violation of chapter; penalties. > (1) Any public officer who: > (a) Violates any provision of this chapter commits a noncriminal infraction, punishable by fine not exceeding $500. > (b) Knowingly violates the provisions of s. 119.07(1) is subject to suspension and removal or impeachment and, in addition, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. > (2) Any person who willfully and knowingly violates: > (a) Any of the provisions of this chapter commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. > (b) Section 119.105 commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. > Production of these documents to you, or anyone else for that matter pursuant to a Court order would eliminate these issues, and I am purposefully holding on to these documents should such a Court order issue. > Jeffrey A. Klatzkow > County Attorney > (239) 252 -8400 > From: HillerGeorgia > Sent: Thursday, March 17, 2011 3:55 PM > To: Klatzkowleff > Cc: RaineyJennifer > Subject: RE: March 22 BCC Agenda - Fire School > Jeff, > Please state the legal basis for your denial of my request for county documents by return writing. > Please also state the reason you believe you would place me in "legal jeopardy" by denying me the right to see the complaint and the underlying documents that are the basis for the complaint. > This complaint was filed in the name of the County and the commissioners. > How do I not have the legal right to see the complaint filed as described? 3 > If there is a statute that requires me, in my capacity as a commissioner, to hold such documents confidential, please provide the statute you are relying on. > Again, a written return response is requested to this last question as well. > With thanks and happy St. Patrick's Day, > Commissioner Georgia Hiller > From: Klatzkowleff > Sent: Thursday, March 17, 2011 3:35 PM > To: Rainey7ennifer; HillerGeorgia > Cc: OchsLeo; TeachScott > Subject: RE: March 22 BCC Agenda - Fire School > Jennifer: My position is unchanged with respect to this matter. As I previously stated to Mr. Pires, which e-mail stream I have previously provided to Commissioner Hiller and which I again attach, for, the reasons set forth in that e -mail stream (1) I would welcome a Court order with respect to this matter; and (2) I am holding the documents (which I have not seen, by the way) in safekeeping in case such an Order is in fact issued. > Jeffrey A. Klatzkow > County Attorney > (239) 252 -8400 > From: Rainey7ennifer > Sent: Thursday, March 17, 2011 3:16 PM > To: Klatzkowieff; HillerGeorgia > Cc: OchsLeo; Raineyiennifer > Subject: RE: March 22 BCC Agenda - Fire School > Jeff, > Pursuant to Commissioner Hiller's public documents request she wants you to supply the documents from the Investigation that was initiated by the County. If you will not supply them she is considering filing a writ of mandamus. > Jennifer Rainey > Executive Aide to Board of County Commissioners Aide to Commissioner > Georgia Hiller, District #2 > 3299 Tamiami Trail East, Suite # 303 > Naples, FL 34112 > (239) 252 -8602 > (239) 252 -3602 Fax > From: KlatzkowJeff > Sent: Wednesday, March 16, 2011 3:13 PM > To: HillerGeorgia > Cc: Rainey7ennifer; OchsLeo > Subject: RE: March 22 BCC Agenda - Fire School M > 9C > Commissioner: I fully appreciate what you are saying, but I cannot put you in legal jeopardy. > Jeffrey A. Klatzkow > County Attorney > (239) 252 -8400 > From: HillerGeorgia > Sent: Wednesday, March 16, 2011 2:58 PM > To: Klatzkow7eff > Cc: RaineyJennifer; OchsLeo > Subject: Re: March 22 BCC Agenda - Fire School > Jeff, > If the county filed the complaint, I, as a commissioner, should have the right to see them. > Georgia Hiller > Commissioner, District 2 > On Mar 16, 2011, at 2:32 PM, Klatzkow7eff <JeffKlatzkow @colliergov.net> wrote: > Please see the attached. > Jeffrey A. Klatzkow > County Attorney > (239) 252 -8400 > From: RaineyJennifer > Sent: Wednesday, March 16, 2011 2:15 PM > To: OchsLeo; Klatzkow7eff > Cc: RaineyJennifer; HillerGeorgia > Subject: FW: March 22 BCC Agenda - Fire School > Leo /Jeff, Commissioner Hiller understands that the State has sealed the records on the EMS investigation; however doesn't believe it seals the County records. She wants the documentation to attach to the agenda item for the 3.22.2011 BCC meeting. If there is a statute or ordinance that precludes you from supplying the information please send it to her. > With Thanks on behalf of Commissioner Hiller, > Jennifer Rainey > Executive Aide to Board of County Commissioners Aide to Commissioner > Georgia Hiller, District #2 > 3299 Tamiami Trail East, Suite # 303 > Naples, FL 34112 5 > (239) 252 -8602 > (239) 252 -3602 Fax > From: OchsLeo > Sent: Monday, March 14, 2011 10:12 AM > To: MitchellIan > Cc: HillerGeorgia; KlatzkowJeff; Rainey7ennifer > Subject: FW: March 22 BCC Agenda - Fire School > Ian, r9C > As discussed and consistent with BCC practice, I will leave these items for your office to coordinate entry into the agenda system. Thanks. > Leo > From: HillerGeorgia > Sent: Thursday, March 10, 2011 1:08 PM > To: OchsLeo; KlatzkowJeff > Cc: Rainey7ennifer > Subject: March 22 BCC Agenda - Fire School > Leo, > Please add the following to the March 22 agenda: > 1. Direction to the County Attorney to draft an amendment to the TDC > ordinance to allow the TDC to direct the Tourist Development and the Coastal Zone staff to act at the TDC's direction, independent of direction from the County Manager. The TDC, including members of the BCC that sit on the Council, are currently bound by the County Manager's Ordinance. The County Manager does not wish to attend the TDC meetings, however, he does not have the authority to allow a member of the TDC or the BCC to direct staff since such delegation is not permitted by the County Manager's Ordinance. This amendment is recommended by County Attorney Klatzkow. Time certain - 9:30 AM 2. Discussion to update the community as to the complaint filed by Collier County EMS against the Paramedic Training School accused by Collier of improprieties. Motion to close the County's investigation of this matter. Please attach the letter that I introduced on the record at the last meeting. Please also attach all county records related to the investigation of this school, since the investigation has been closed by the State. Time certain - 10 AM. > Thank you for your attention to these matters - > Commissioner Georgia Hiller 9 > 9C > Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. > Jeffrey A. Klatzkow > County Attorney > (239) 252 -8400 > From: KlatzkowJeff > Sent: Friday, March 11, 2011 4:06 PM > To: 'Anthony Fires' > Cc: TeachScott > Subject: RE: Pires3.8.11prr > Tony: > I have reviewed the matter once last time and my opinion has not substantively changed from my e -mail to you of January 27th,a copy of which is attached. > My understanding is that the records you are looking for were never produced during any public meeting, nor are they part of the minutes and records of any public meeting, but were simply attached to the complaint and referred to during a Board meeting. My further understanding is that pursuant to F.S Sec. 401.414(3), unless and until the person who was the subject of the investigation waives confidentiality, that these records must remain confidential and exempt from the public records requirements. As set forth in the attached the State has demanded the very same of us. > We have requested that Jeff Page hand over all responsive documents to our Office, which we will maintain for safe keeping. They will be made available to you should you obtain the necessary waiver, or pursuant to Court Order. > Jeffrey A. Klatzkow > County Attorney > (239) 252 -8400 > From: Anthony Pires [mailto:APires @wpl- legal.com] > Sent: Thursday, March 10, 2011 4:17 PM > To: KlatzkowJeff > Subject: FW: Pires3.8.11prr > Please see below. > Anthony P. Pires, Jr. 7 > Woodward, Pires & Lombardo, P.A. > 3200 North Tamiami Trail (� > Suite 200 7 > Naples, Florida 34103 > 239 - 649 -6555 Phone > 239 - 649 -7342 Fax > apires @wpl- legal.com > Firm Website: www.wpl - legal.com > This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. > From: Anthony Pires > Sent: Thursday, March 10, 2011 11:55 AM > To: 'GrimshawHeather' > Cc: Pageleff; RodriguezRod; McLaughlinAlan; SummersDan; TorreJohn; > OchsLeo; TeachScott; 'Freeman, Liz'; 'Lytle, Jeff'; 'Batten, Brent'; > 'dhusty @news - press.com'; HillerGeorgia; HenningTom > Subject: RE: Pires3.8.11prr > Heather, I am not asking for a copy of the public records publicly discussed, as attached BCC minutes. > Anthony P. Pires, Jr. > Woodward, Pires & Lombardo, P.A. > 3200 North Tamiami Trail > Suite 200 > Naples, Florida 34103 > 239- 649 -6555 Phone > 239- 649 -7342 Fax > apires @wpl- legal.com the complaint or the allegations; just referenced in my request and the > Firm Website: www.wpl- legal.com > This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. > From: GrimshawHeather [ mailto: HeatherGrimshaw @colliergov.net] > Sent: Thursday, March 10, 2011 9:45 AM > To: Anthony Pires U I > Cc: Page]eff; RodriguezRod; McLaughlinAlan; SummersDan; Torre]ohn; > OchsLeo; TeachScott �. O > Subject: FW: Pires3.8.11prr 7 > Importance: High > Tony, > Good morning. As to your below records request, please see the attached letter stating that those records are confidential. If you have further inquiries, please contact the County Attorney's Office. Thank you. > Heather Grimshaw > Citizen Liaison > Communication & Customer Relations > Collier County Government > 239 - 252 -8069 E > From: Anthony Pires [mailto:APires @wpl- legal.com] > Sent: Tuesday, March 08, 2011 7:58 AM > To: Pageleff; RodriguezRod; McLaughlinAlan; SummersDan; > GrimshawHeather; Torre3ohn; OchsLeo > Subject: PUBLIC RECORDS REQUEST > Importance: High > This is a public records request for copies of for all public records, for the period beginning September 1, 2010 up to today, [including but not limited to all emails (including blind copies sent or received)], calendars, memorandum, affidavits, recordings, statements, etc., concerning the matters discussed under County Commission Agenda Item 9A on November 9, 2010. > This is also a public records request for copies of records referenced or discussed at the County Commissio November 9, 2010: > 1. the sworn statements referenced at page 55 of > 2. the email and attachments from Eloy Rodriguez and 56 of the attached. > 3. Firefighter Raymond's affidavit referenced at > 4. Firefighter Peluchette's affidavit referenced attached. > 5. Chief McLaughlin's affidavit referenced at > 6. transcript of recording referenced at page > 7. consent of all participating parties to the page 58 of the attached. the following public n under Agenda Item 9A on the attached. referenced at pages 55 page 58 of the attached. at page 58 of the page 58 of the attached. 58 of the attached. recording referenced at > 8. the audio recording referenced at page 58 of the attached. > 9. recording of voice mail message left by Firefighter Peluchette referenced at page 58 of the attached. > 10. Chief Rodriguez's affidavit referenced at page 58 of the attached G > Anthony P. Pires, Jr. 9C > Woodward, Fires & Lombardo, P.A. > 3200 North Tamiami Trail > Suite 200 > Naples, Florida 34103 > 239 - 649 -6555 Phone > 239- 649 -7342 Fax > apires @wpl- legal.com > Firm Website: www.wpl - legal.com > This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239- 649 -6555) and immediately delete this message and all its attachments. > - - - -- > Under Florida Law, e-mail addresses ar e -mail address released in response to a electronic mail to this entity. Instead, writing. > <20110310073545407.pdf> > Tony: public records. If you do not want your public records request, do not send contact this office by telephone or in > As you personally know, a primary concern of any local government attorney is seek to limit the financial exposure of their client and by this the taxpayers. In keeping with that concern, it is the longstanding policy of this Office to advise staff (1) to produce any record that arguably falls within a public records request; and (2) advise staff not to produce any record that arguably falls within a statutory exemption. I believe that your request asks for documents that fall within the exemption provided by F.S. Sec. 401.414(3). Since there is a dearth of opinions to give guidance on this provision, I have elected to take a conservative approach. > Jeffrey A. Klatzkow > County Attorney > (239) 252 -8400 > From: Anthony Fires [mailto:APires @wpl- legal.com] > Sent: Thursday, January 27, 2011 12:38 PM > To: Klatzkow]eff > Cc: GrimshawHeather; Torrelohn > Subject: FW: Pires1.18.11prr > Importance: High 10 > Jeff, please see below. I am puzzled as to how the County can assert an exemption for these public records, discussed, quoted from and referred to at length in a public meeting and apparently previously copied and disseminated. > Anthony P. Pires, Jr. > Woodward, Pires & Lombardo, P.A. > 3200 North Tamiami Trail > Suite 200 > Naples, Florida 34103 > 239 - 649 -6555 Phone > 239 - 649 -7342 Fax > apires @wpl- legal.com > Firm Website: www.wpl - legal.com > This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239- 649 -6555) and immediately delete this message and all its attachments. > From: GrimshawHeather [ mailto: HeatherGrimshaw @colliergov.net] > Sent: Thursday, January 27, 2011 11:13 AM > To: Anthony Fires > Cc: TorreJohn > Subject: RE: Pires1.18.11prr > Tony, > The County Attorney's Office has found the records are privileged and confidential pursuant to Section 401.414(3), Florida Statutes, and therefore will not be released at this time. Thank you. > Heather Grimshaw > Citizen Liaison > Communication & Customer Relations > Collier County Government > 239- 252 -8069 > From: Anthony Pires [mailto:APires @wpl -legal > Sent: Tuesday, January 18, 2011 9:36 AM > To: Page]eff; RodriguezRod; McLaughlinAlan; > GrimshawHeather; TorreJohn; OchsLeo > Subject: PUBLIC RECORDS REQUEST > Importance: High u com] SummersDan; > This is a ublic record V r s request for copies of for all public records, for the period beginning October 1, 2010 up to today, [including but not limited to all emails (including blind copies sent or received)], calendars, memorandum, affidavits, recordings, statements, etc., concerning the matters discussed under County Commission Agenda Item 9A on November 9, 2010. > This is also a public records request for copies of records referenced or discussed at the County Commissic November 9, 2010: > 1. the sworn statements referenced at page 55 of > 2. the email and attachments from Eloy Rodriguez and 56 of the attached. > 3. Firefighter Raymond's affidavit referenced at > 4. Firefighter Peluchette's affidavit referenced attached. > 5. Chief McLaughlin's affidavit referenced at > 6. transcript of recording referenced at page > 7. consent of all participating parties to the page 58 of the attached. the following public n under Agenda Item 9A on the attached. referenced at pages 55 page 58 of the attached. at page 58 of the page 58 of the attached. 58 of the attached. recording referenced at > 8. the audio recording referenced at page 58 of the attached. > 9. recording of voice mail message left by Firefighter Peluchette referenced at page 58 of the attached. > 10. Chief Rodriguez's affidavit referenced at oaee 58 of the attarhPH > Anthony P. Pires, Jr. > Woodward, Fires & Lombardo, P.A. > 3200 North Tamiami Trail > Suite 200 > Naples, Florida 34103 > 239- 649 -6555 Phone > 239 - 649 -7342 Fax > apires @wpl- legal.com > Firm Website: www.wpl - legal.com > This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. > - - - - - > Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send 12 664c electronic mail to this entity. Instead, contact this office by telephone or in writing. 13 Ab9C HillerGeorgia From: KlatzkowJeff Sent: Friday, March 18, 2011 2:02 PM To: HillerGeorgia Cc: OchsLeo; TeachScott Subject: RE: March 22 BCC Agenda - Fire School Commissioner: I have reviewed the transcript of the Board's action. It appears that the item was put on without back -up. My Office was not involved. I do not know whether any of the Commissioners were supplied with any affidavits or other documents prior to the meeting. I have given you my reasons Tuesday. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 - - - -- Original Message---- - From: HillerGeorgia Sent: Friday, March 18, 2011 6:30 AM You are free to bring the issue up for discussion on To: Klatzkow7eff Subject: RE: March 22 BCC Agenda - Fire School Jeff, How does the statute you cite relate to the county? The county filed the complaint with the State. The investigating agency referred to is the State. The State has found no probable cause. Please provide with specificity the statute that exempts the county from providing me with the requested public documents, by return writing. Has any other commissioner seen he information I have asked for? Who in the county has seen the information I have requested? I am beginning to have very serious concerns about your legal interpretations and conclusions. Thank you. Commissioner Georgia Hiller District 2 . From: Klatzkow7eff 1 Sent: Thursday, March 17, 2011 5:09 PM To: HillerGeorgia Cc: Rainey]ennifer; OchsLeo; TeachScott Subject: RE: March 22 BCC Agenda - Fire School Commissioner: In response to your query, upon the filing of the complaint, the complaint and all documents attached to the complaint became confidential and exempt from the Public Records Law under Florida Stat. Sec. 401.414(3), which provides as follows: "(3) The complaint and all information obtained in the investigation by the department are confidential and exempt from the provisions of s. 119.07(1) until 10 days after probable cause has been found to exist by the department, or until the person who is the subject of the investigation waives confidentiality, whichever occurs first. This subsection does not prohibit the department from providing such information to any law enforcement agency or any other regulatory agency." Violation of this section is punishable by fine, not to exceed $1,000 under Sec. 404.411. In addition to this, I am concerned that an intentional violation of this statute would be the basis for a tort claim filed by the party who was the subject of the complaint (who is presumably the party protected by the confidentiality), which suit would likely include the County. I am also concerned that the intentional violation of this statute would be the basis of a bar complaint. Should the disclosure of the material be in connection with a Public Records request, and you have made such a request, the Public Records law provides as follows: "The custodian of public records shall provide safeguards to protect the contents of public records from unauthorized remote electronic access or alteration and to prevent the disclosure or modification of those portions of public records which are exempt or confidential from subsection (1) or s. 24, Art. I of the State Constitution." Sec. 119.07(2)(b). Sec. 199.10 provides as follows: 119.10 Violation of chapter; penalties. (1) Any public officer who: (a) Violates any provision of this chapter commits a noncriminal infraction, punishable by fine not exceeding $500. (b) Knowingly violates the provisions of s. 119.07(1) is subject to suspension and removal or impeachment and, in addition, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (2) Any person who willfully and knowingly violates: (a) Any of the provisions of this chapter commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (b) Section 119.105 commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Production of these documents to you, or anyone else for that matter pursuant to a Court order would eliminate these issues, and I am purposefully holding on to these documents should such a Court order issue. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 N From: HillerGeorgia / y Sent: Thursday, March 17, 2011 3:55 PM To: KlatzkowJeff Cc: RaineyJennifer Subject: RE: March 22 BCC Agenda - Fire School Jeff, Please state the legal basis for your denial of my request for county documents by return writing. Please also state the reason you believe you would place me in "legal jeopardy" by denying me the right to see the complaint and the underlying documents that are the basis for the complaint. This complaint was filed in the name of the County and the commissioners. How do I not have the legal right to see the complaint filed as described? If there is a statute that requires me, in my capacity as a commissioner, to hold such documents confidential, please provide the statute you are relying on. Again, a written return response is requested to this last question as well. With thanks and happy St. Patrick's Day, Commissioner Georgia Hiller From: KlatzkowJeff Sent: Thursday, March 17, 2011 3:35 PM To: RaineyJennifer; HillerGeorgia Cc: OchsLeo; TeachScott Subject: RE: March 22 BCC Agenda - Fire School Jennifer: My position is unchanged with respect to this matter. As I previously stated to Mr. Pires, which e-mail stream I have previously provided to Commissioner Hiller and which I again attach, for the reasons set forth in that e-mail stream (1) I would welcome a Court order with respect to this matter; and (2) I am holding the documents (which I have not seen, by the way) in safekeeping in case such an Order is in fact issued. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: RaineyJennifer Sent: Thursday, March 17, 2011 3:16 PM To: KlatzkowJeff; HillerGeorgia Cc: OchsLeo; RaineyJennifer Subject: RE: March 22 BCC Agenda - Fire School Jeff, Pursuant to Commissioner Hiller's public documents request she wants you to supply the documents from the Investigation that was initiated by the County. If you will not supply them she is considering filing a writ of mandamus. Jennifer Rainey 3 *I.gG Executive Aide to Board of County Commissioners Aide to Commissioner Georgia Hiller, District #2 3299 Tamiami Trail East, Suite # 303 Naples, FL 34112 (239) 252 -8602 (239) 252 -3602 Fax From: KlatzkowJeff Sent: Wednesday, March 16, 2011 3:13 PM To: HillerGeorgia Cc: RaineyJennifer; OchsLeo Subject: RE: March 22 BCC Agenda - Fire School Commissioner: I fully appreciate what you are saying, but I cannot put you in legal jeopardy. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: HillerGeorgia Sent: Wednesday, March 16, 2011 2:58 PM To: KlatzkowJeff Cc: RaineyJennifer; OchsLeo Subject: Re: March 22 BCC Agenda - Fire School Jeff, If the county filed the complaint, I, as a commissioner, should have the right to see them. Georgia Hiller Commissioner, District 2 On Mar 16, 2011, at 2:32 PM, KlatzkowJeff <JeffKlatzkow @colliergov.net> wrote: Please see the attached. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: RaineyJennifer Sent: Wednesday, March 16, 2011 2:15 PM To: OchsLeo; KlatzkowJeff Cc: RaineyJennifer; HillerGeorgia Subject: FW: March 22 BCC Agenda - Fire School Leo /Jeff, Commissioner Hiller understands that the State has sealed the records on the EMS investigation; however doesn't believe it seals the County records. She wants the documentation to attach to the agenda item for the 3.22.2011 BCC meeting. If there is a statute or ordinance that precludes you from supplying the information please send it to her. With Thanks on behalf of Commissioner Hiller, Jennifer Rainey 4 Executive Aide to Board #2 3299 Tamiami Trail East, Naples, FL 34112 (239) 252 -8602 (239) 252 -3602 Fax Wo J of County Commissioners Aide to Commissioner Georgia Hiller, District Suite # 303 From: OchsLeo Sent: Monday, March 14, 2011 10:12 AM To: MitchellIan Cc: HillerGeorgia; Klatzkowleff; Rainey]ennifer Subject: FW: March 22 BCC Agenda - Fire School Ian, As discussed and consistent with BCC practice, I will leave these items for your office to coordinate entry into the agenda system. Thanks. Leo From: HillerGeorgia Sent: Thursday, March 10, 2011 1:08 PM To: OchsLeo; Klatzkow7eff Cc: Raineyiennifer Subject: March 22 BCC Agenda - Fire School Leo, Please add the following to the March 22 agenda: 1. Direction to the County Attorney to draft an amendment to the TDC ordinance to allow the TDC to direct the Tourist Development and the Coastal Zone staff to act at the TDC's direction, independent of direction from the County Manager. The TDC, including members of the BCC that sit on the Council, are currently bound by the County Manager's Ordinance. The County Manager does not wish to attend the TDC meetings, however, he does not have the authority to allow a member of the TDC or the BCC to direct staff since such delegation is not permitted by the County Manager's Ordinance. This amendment is recommended by County Attorney Klatzkow. Time certain - 9:30 AM 2. Discussion to update the community as to the complaint filed by Collier County EMS against the Paramedic Training School accused by Collier of improprieties. Motion to close the County's investigation of this matter. Please attach the letter that I introduced on the record at the last meeting. Please also attach all county records related to the investigation of this school, since the investigation has been closed by the State. Time certain - 10 AM. Thank you for your attention to these matters - Commissioner Georgia Hiller 5 Under Florida Law, e-mail addresses are public records. If you do address released in response to a public records request, do not entity. Instead, contact this office by telephone or in writing. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: Klatzkow]eff Sent: Friday, March 11, 2011 4:06 PM To: 'Anthony Fires' Cc: TeachScott Subject: RE: Pires3.8.11prr Tony `9C not want your e -mail send electronic mail to this I have reviewed the matter once last time and my opinion has not substantively changed from my e-mail to you of January 27th,a copy of which is attached. My understanding is that the records you are looking for were never produced during any public meeting, nor are they part of the minutes and records of any public meeting, but were simply attached to the complaint and referred to during a Board meeting. My further understanding is that pursuant to F.S Sec. 401.414(3), unless and until the person who was the subject of the investigation waives confidentiality, that these records must remain confidential and exempt from the public records requirements. As set forth in the attached the State has demanded the very same of us. We have requested that Jeff Page hand over all responsive documents to our Office, which we will maintain for safe keeping. They will be made available to you should you obtain the necessary waiver, or pursuant to Court Order. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: Anthony Pires [mailto:APires@wpl- legal.com] Sent: Thursday, March 10, 2011 4:17 PM To: Klatzkowleff Subject: FW: Pires3.8.11prr Please see below. Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239- 649 -6555 Phone 239- 649 -7342 Fax apires@wpl- legal.com Firm Website: www.wpl - legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this L transmittal and /or attachments in error, please notify us immediately by reply or by 9 C telephone (call us at 239- 649 -6555) and immediately delete this message and all its t/ attachments. From: Anthony Fires Sent: Thursday, March 10, 2011 11:55 AM To: 'GrimshawHeather' Cc: PageJeff; RodriguezRod; McLaughlinAlan; SummersDan; Torrelohn; OchsLeo; TeachScott; 'Freeman, Liz'; 'Lytle, Jeff'; 'Batten, Brent'; 'dhusty @news - press.com'; HillerGeorgia; HenningTom Subject: RE: Pires3.8.11prr Heather, I am not asking for a copy of the complaint or the allegations; just the public records publicly discussed, as referenced in my request and the attached BCC minutes. Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239- 649 -7342 Fax apires @wpl- legal.com Firm Website: www.wpl- legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239- 649 -6555) and immediately delete this message and all its attachments. From: GrimshawHeather [mailto:HeatherGrimshaw @colliergov.net] Sent: Thursday, March 10, 2011 9:45 AM To: Anthony Pires Cc: Pageleff; RodriguezRod; McLaughlinAlan; SummersDan; TorreJohn; OchsLeo; TeachScott Subject: FW: Pires3.8.11prr Importance: High Tony, Good morning. As to your below records request, please see the attached letter stating that those records are confidential. If you have further inquiries, please contact the County Attorney's Office. Thank you. Heather Grimshaw Citizen Liaison Communication & Customer Relations Collier County Government 239 - 252 -8069 From: Anthony Pires [mailto:APires@wpl- legal.com] Sent: Tuesday, March 08, 2011 7:58 AM To: Pageleff; RodriguezRod; McLaughlinAlan; SummersDan; GrimshawHeather; Torrejohn; OchsLeo 7 Subject: PUBLIC RECORDS REQUEST 9C Importance: High 4 This is a public records request for copies of for all public records, for the period beginning September 1, 2010 up to today, [including but not limited to all emails (including blind copies sent or received)], calendars, memorandum, affidavits, recordings, statements, etc., concerning the matters discussed under County Commission Agenda Item 9A on November 9, 2010. This is also a public records request for copies of the following public records referenced or discussed at the County Commission under Agenda Item 9A on November 9, 2010: 1. the sworn statements referenced at page 55 of the attached. 2. the email and attachments from Eloy Rodriguez referenced at pages 55 and 56 of the attached. 3. Firefighter Raymond's affidavit referenced at page 58 of the attached. 4. Firefighter Peluchette's affidavit referenced at page 58 of the attached. 5. Chief McLaughlin's affidavit referenced at page 58 of the attached. 6. transcript of recording referenced at page 58 of the attached. 7. consent of all participating parties to the recording referenced at page 58 of the attached. 8. the audio recording referenced at page 58 of the attached. 9. recording of voice mail message left by Firefighter Peluchette referenced at page 58 of the attached. 10. Chief Rodriguez's affidavit referenced at page 58 of the attached Anthony P. Pires, ]r. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239- 649 -6555 Phone 239- 649 -7342 Fax apires@wpl- legal.com Firm Website: www.wpl - legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239- 649 -6555) and immediately delete this message and all its attachments. Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. <20110310073545407.pdf> Tony: As you personally know, a primary concern of any local government attorney is seek to limit the financial exposure of their client and by this the taxpayers. In keeping with that concern, it is the longstanding policy of this Office to advise staff (1) to rd produce any record that arguably falls within a public records request; and (2) advise s'£afaf Cj not to produce any record that arguably falls within a statutory exemption. I believe that your request asks for documents that fall within the exemption provided by F.S. Sec. 401.414(3). Since there is a dearth of opinions to give guidance on this provision, I have elected to take a conservative approach. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: Anthony Fires [mailto:APires@wpl- legal.com] Sent: Thursday, January 27, 2011 12:38 PM To: Klatzkowleff Cc: GrimshawHeather; Torre7ohn Subject: FW: Pires1.18.11prr Importance: High Jeff, please see below. I am puzzled as to how the County can assert an exemption for these public records, discussed, quoted from and referred to at length in a public meeting and apparently previously copied and disseminated. Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239- 649 -6555 Phone 239 - 649 -7342 Fax apires@wpl- legal.com Firm Website: www.wpl - legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239- 649 -6555) and immediately delete this message and all its attachments. From: GrimshawHeather [mailto:HeatherGrimshaw @colliergov.net] Sent: Thursday, January 27, 2011 11:13 AM To: Anthony Pires Cc: Torre7ohn Subject: RE: Pires1.18.11prr Tony, The County Attorney's Office has found the records are privileged and confidential pursuant to Section 401.414(3), Florida Statutes, and therefore will not be released at this time. Thank you. Heather Grimshaw Citizen Liaison Communication & Customer Relations Collier County Government 239 - 252 -8069 9 9C From: Anthony Pires [mailto:APires@wpl- legal.com] Sent: Tuesday, January 18, 2011 9:36 AM To: Pageleff; RodriguezRod; McLaughlinAlan; SummersDan; GrimshawHeather; TorreJohn; OchsLeo Subject: PUBLIC RECORDS REQUEST Importance: High This is a public records request for copies of for all public records, for the period beginning October 1, 2010 up to today, [including but not limited to all emails (including blind copies sent or received)], calendars, memorandum, affidavits, recordings, statements, etc., concerning the matters discussed under County Commission Agenda Item 9A on November 9, 2010. This is also a public records request for copies of the following public records referenced or discussed at the County Commission under Agenda Item 9A on November 9, 2010: 1. the sworn statements referenced at page 55 of the attached. 2. the email and attachments from Eloy Rodriguez referenced at pages 55 and 56 of the attached. 3. Firefighter Raymond's affidavit referenced at page 58 of the attached. 4. Firefighter Peluchette's affidavit referenced at page 58 of the attached. 5. Chief McLaughlin's affidavit referenced at page 58 of the attached. 6. transcript of recording referenced at page 58 of the attached. 7. consent of all participating parties to the recording referenced at page 58 of the attached. 8. the audio recording referenced at page 58 of the attached. 9. recording of voice mail message left by Firefighter Peluchette referenced at page 58 of the attached. 10. Chief Rodriguez's affidavit referenced at page 58 of the attached Anthony P. Pires, Jr. Woodward, Fires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239 - 649 -7342 Fax apires@wpl- legal.com Firm Website: www.wpl - legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 10 HillerGeor is From: Brett Bacot [brett @jkarnold.comj Sent: Friday, March 11, 2011 12:36 PM To: HenningTom; FialaDonna; CoyleFred; HillerGeorgia; ColettaJim Cc: WightDebbie; TorreJohn; OchsLeo Subject: Legislative Update Legislative Update 3 -11 -11 The first week of the 2011 Legislative Session has ended with big ticket items moving through the process. The controversial teacher merit pay bill (SB 736), which was vetoed by the previous Governor, has passed the Senate, and the Unemployment Compensation bill (H13 7005) which, shortens the length of benefits and lowers tax burdens for businesses, has passed the House in the first week. Other major legislation moving through the process is outlined below. The first sub - committee budget recommendations are expected to be released on or around March 21" shortly after the Revenue Estimating Conference meeting on March 18`n PENSION The House heard further testimony on local government pension reform. Meanwhile, the Senate voted on the strike -all and amended version of pension reform (SB 1130) within the FRS. The bill voted out of committee was significantly different from the Governor's proposals. With a single no vote, below are some highlights: As a result of the amendments adopted, state employees would not have to contribute if they earn $40,000 or less annually. Workers that make between $40,000 and $75,000 will have to contribute no more than 2 percent and those making more than $75,000 would have to contribute no more than 4 percent. The bill would also give future employees the ability to stay in a defined benefit plan if they made less than $75,000. - No change in annual accrual rates - No change in the DROP program (Deferred Retirement Option Plan) - Changes to this plan are for public employee hires on for after July 1, 2011, and all Senior Management, elected officials, and employees making $75,000 It's unlikely that the legislation will remain in its current form as it moves through the process, but the bill right now varies greatly from the changes originally proposed by Governor Scott. The bill sponsor indicated that even by reducing provisions in the bill it would still save the state several hundred million dollars. An amendment was also adopted that changes the vesting requirement from 6 to 8 years for all new state employees. The local pension bill, SB 1128, is scheduled to be taken up next week by the same committee. There are several amendments pending to the bill which were reported previously. The amendments generally weaken the bill from its original version, but premium tax dollars used for unfunded pension liabilities and restriction of overtime, unused leave time in pension calculations remain in bill. TABOR — HB 958 As a top priority for Senate President Mike Haridopolos, TABOR, or " SmartCap" is poised to pass the Senate next week. The House is expected to refer the Constitutional Amendment to committees to vet out the proposal. 9C The version that passed the Senate only places a spending and revenue cap on state budgets. Speaker Cannon would like to see the caps extend to local governments as well. We will be watching for amendments in the House committees. GROWTH MANAGEMENT Growth management as it exists today lies within the Department of Community Affairs. However, Governor Scott has proposed to eliminate the state agency and move only 10 out of the current 61 planners within the purview of the Department of Environmental Protection. In order to accomplish this, the Legislature will need to create a major overhaul of the system that will include streamlining most of the review process, which is what the business groups, some local governments, and current DCA Secretary are supporting. The House released its first draft of the growth management overhaul and discussed the major issue areas this week. The draft of ideas includes only the major points, and future committee meetings will begin addressing some of the specific issues. Currently, the House draft includes the following: - Elimination of state approval of growth plans prior to local governments adopting - Repeal of Rule 9J -5 - Optional rather than required transportation and school concurrency - State will maintain oversight of critical state resources, but that has yet to be defined - Increase the thresholds for citizen challenges to growth management plans - Elimination of the `Financial Feasibility' requirement in the capital improvements element - Allowing - Moving to an expedited state plan review process for most plan amendments - Remove twice a year limit for adoption of local plan amendments The Senate is expected to release a growth management bill in the coming weeks. FERTILIZER SB 606/HB 457 These bills remove home rule authority from local governments by placing regulations of the sale and use of fertilizer solely with the Florida Department of Agriculture and Consumer Services exempting local governments. The House version is in its second committee of reference. The Senate version was temporarily postponed this past week in order for opposing interests to work on a compromise. Currently, the Florida Retail Federation and Associated Industries of Florida argue that fertilizer regulations should not be varied by county, whereas local governments argue that it impedes on home rule authority and preventing some local governments the ability to clean local waterways. It is set to be heard Monday morning in the Senate Agriculture Committee. UNEMPLOYMENT COMPENSATION — HB 70051SB 728 The State's persistent unemployment rate has forced Florida to borrow $2+ billion from the federal government. Legislation has been proposed to reform unemployment compensation that would lower the tax liability. Measures from drug testing, to mandatory time dedicated to community service, to lowering unemployment benefits have been proposed. On Thursday, the House passed the legislation by a vote of 81 -38. Changes to unemployment compensation address: 1. The claimant's state and federal benefits to include an initial skills review, closer tie in to federal laws, and allowing the number available weeks to be compensatory with unemployment rate 2. Qualifications to receive state benefits including employee misconduct review and determination 9C 3. Appeal of a benefit determination 4. Reduction of Employer UC taxes (to equal benefit ration calculation downward to 10 %), and allowing employers to spread out UC payments The Senate bill is ready to be heard in it last referenced committee. The bills currently do not match up. Thank you, Brett Bacot J. Keith Arnold & Associates 201 W. Park Avenue, Suite 100 Tallahassee, FL 32301 ph 850.222.8188 fax 850.222.8199 www ikarnold. com HillerGeorgia 9 v From: HillerGeorgia Sent: Friday, March 18, 2011 6:30 AM To: KlatzkowJeff Subject: RE: March 22 BCC Agenda - Fire School Jeff, How does the statute you cite relate to the county? The county filed the complaint with the State. The investigating agency referred to is the State. The State has found no probable cause. Please provide with specificity the statute that exempts the county from providing me with the requested public documents, by return writing. Has any other commissioner seen he information I have asked for? Who in the county has seen the information I have requested? I am beginning to have very serious concerns about your legal interpretations and conclusions. Thank you. Commissioner Georgia Hiller District 2 From: Klatzkowleff Sent: Thursday, March 17, 2011 5:09 PM To: HillerGeorgia Cc: Raineylennifer; OchsLeo; TeachScott Subject: RE: March 22 BCC Agenda - Fire School Commissioner: In response to your query, upon the filing of the complaint, the complaint and all documents attached to the complaint became confidential and exempt from the Public Records Law under Florida Stat. Sec. 401.414(3), which provides as follows: "(3) The complaint and all information obtained in the investigation by the department are confidential and exempt from the provisions of s. 119.07(1) until 10 days after probable cause has been found to exist by the department, or until the person who is the subject of the investigation waives confidentiality, whichever occurs first. This subsection does not prohibit the department from providing such information to any law enforcement agency or any other regulatory agency." Violation of this section is punishable by fine, not to exceed $1,000 under Sec. 404.411. In addition to this, I am concerned that an intentional violation of this statute would be the basis for a tort claim filed by the party who was the subject of the complaint (who is presumably the party protected by the confidentiality), which suit would likely �9C include the County. I am also concerned that the intentional violation of this statute would be the basis of a bar complaint. Should the disclosure of the material be in connection with a Public Records request, and you have made such a request, the Public Records law provides as follows: "The custodian of public records shall provide safeguards to protect the contents of public records from unauthorized remote electronic access or alteration and to prevent the disclosure or modification of those portions of public records which are exempt or confidential from subsection (1) or s. 24, Art. I of the State Constitution." Sec. 119.07(2)(b). Sec. 199.10 provides as follows: 119.10 Violation of chapter; penalties. (1) Any public officer who: (a) Violates any provision of this chapter commits a noncriminal infraction, punishable by fine not exceeding $500. (b) Knowingly violates the provisions of s. 119.07(1) is subject to suspension and removal or impeachment and, in addition, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (2) Any person who willfully and knowingly violates: (a) Any of the provisions of this chapter commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (b) Section 119.105 commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Production of these documents to you, or anyone else for that matter pursuant to a Court order would eliminate these issues, and I am purposefully holding on to these documents should such a Court order issue. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: HillerGeorgia Sent: Thursday, March 17, 2011 3:55 PM To: Klatzkowleff Cc: RaineyJennifer Subject: RE: March 22 BCC Agenda - Fire School Jeff, Please state the legal basis for your denial of my request for county documents by return writing. Please also state the reason you believe you would place me in "legal jeopardy" by denying me the right to see the complaint and the underlying documents that are the basis for the complaint. This complaint was filed in the name of the County and the commissioners. How do I not have the legal right to see the complaint filed as described? If there is a statute that requires me, in my capacity as a commissioner, to hold such documents confidential, please provide the statute you are relying on. z Again, a written return response is requested to this last question as well. 9 V With thanks and happy St. Patrick's Day, Commissioner Georgia Hiller From: Klatzkow7eff Sent: Thursday, March 17, 2011 3:35 PM To: RaineyJennifer; HillerGeorgia Cc: OchsLeo; TeachScott Subject: RE: March 22 BCC Agenda - Fire School Jennifer: My position is unchanged with respect to this matter. As I previously stated to Mr. Fires, which e-mail stream I have previously provided to Commissioner Hiller and which I again attach, for the reasons set forth in that e-mail stream (1) I would welcome a Court order with respect to this matter; and (2) I am holding the documents (which I have not seen, by the way) in safekeeping in case such an Order is in fact issued. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: RaineyJennifer Sent: Thursday, March 17, 2011 3:16 PM To: Klatzkow7eff; HillerGeorgia Cc: OchsLeo; RaineyJennifer Subject: RE: March 22 BCC Agenda - Fire School Jeff, Pursuant to Commissioner Hiller's public documents request she wants you to supply the documents from the Investigation that was initiated by the County. If you will not supply them she is considering filing a writ of mandamus. Jennifer Rainey Executive Aide to Board of County Commissioners Aide to Commissioner Georgia Hiller, District #2 3299 Tamiami Trail East, Suite # 303 Naples, FL 34112 (239) 252 -8602 (239) 252 -3602 Fax From: Klatzkow7eff Sent: Wednesday, March 16, 2011 3:13 PM To: HillerGeorgia Cc: RaineyJennifer; OchsLeo Subject: RE: March 22 BCC Agenda - Fire School Commissioner: I fully appreciate what you are saying, but I cannot put you in legal jeopardy. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: HillerGeorgia Sent: Wednesday, March To: Klatzkow7eff 16, 2011 2:58 PM Cc: RaineyJennifer; OchsLeo 3 Subject: Re: March 22 BCC Agenda - Fire School 9 V Jeff, If the county filed the complaint, I, as a commissioner, should have the right to see them. Georgia Hiller Commissioner, District 2 On Mar 16, 2011, at 2:32 PM, Klatzkow7eff <JeffKlatzkow @colliergov.net> wrote: Please see the attached. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: RaineyJennifer Sent: Wednesday, March 16, 2011 2:15 PM To: OchsLeo; Klatzkow7eff Cc: RaineyJennifer; HillerGeorgia Subject: FW: March 22 BCC Agenda - Fire School Leo /Jeff, Commissioner Hiller understands that the State has sealed the records on the EMS investigation; however doesn't believe it seals the County records. She wants the documentation to attach to the agenda item for the 3.22.2011 BCC meeting. If there is a statute or ordinance that precludes you from supplying the information please send it to her. With Thanks on behalf of Commissioner Hiller, Jennifer Rainey Executive Aide to Board of County Commissioners Aide to Commissioner Georgia Hiller, District #2 3299 Tamiami Trail East, Suite # 303 Naples, FL 34112 (239) 252 -8602 (239) 252 -3602 Fax From: OchsLeo Sent: Monday, March 14, 2011 10:12 AM To: MitchellIan Cc: HillerGeorgia; Klatzkow7eff; RaineyJennifer Subject: FW: March 22 BCC Agenda - Fire School Ian, As discussed and consistent with BCC practice, I will leave these items for your office to coordinate entry into the agenda system. Thanks. Leo 4 From: HillerGeorgia W 9 C Sent: Thursday, March 10, 2011 1:08 PM To: OchsLeo; Klatzkowleff Cc: Raineyiennifer Subject: March 22 BCC Agenda - Fire School Leo, Please add the following to the March 22 agenda: 1. Direction to the County Attorney to draft an amendment to the TDC ordinance to allow the TDC to direct the Tourist Development and the Coastal Zone staff to act at the TDC's direction, independent of direction from the County Manager. The TDC, including members of the BCC that sit on the Council, are currently bound by the County Manager's Ordinance. The County Manager does not wish to attend the TDC meetings, however, he does not have the authority to allow a member of the TDC or the BCC to direct staff since such delegation is not permitted by the County Manager's Ordinance. This amendment is recommended by County Attorney Klatzkow. Time certain - 9:30 AM 2. Discussion to update the community as to the complaint filed by Collier County EMS against the Paramedic Training School accused by Collier of improprieties. Motion to close the County's investigation of this matter. Please attach the letter that I introduced on the record at the last meeting. Please also attach all county records related to the investigation of this school, since the investigation has been closed by the State. Time certain - 10 AM. Thank you for your attention to these matters - Commissioner Georgia Hiller Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: Klatzkowleff Sent: Friday, March 11, 2011 4:06 PM To: 'Anthony Pires' Cc: TeachScott Subject: RE: Pires3.8.11prr Tony: I have reviewed the matter once last time and my opinion has not substantively changed from my e-mail to you of January 27th,a copy of which is attached. My understanding is that the records you are looking for were never produced during any public meeting, nor are they part of the minutes and records of any public meeting, but were simply attached to the complaint and referred to during a Board meeting. My further understanding is that pursuant to F.S Sec. 401.414(3), unless and until the person who was the subject of the investigation waives confidentiality, that these records must remain 3 No confidential and exempt from the public records requirements. As set forth in the attached the State has demanded the very same of us. we have requested that Jeff Page hand over all responsive documents to our office, which we will maintain for safe keeping. They will be made available to you should you obtain the necessary waiver, or pursuant to Court Order. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: Anthony Pires [mailto:APires@wpl- legal.com] Sent: Thursday, March 10, 2011 4:17 PM To: KlatzkowJeff Subject: FW: Pires3.8.11prr Please see below. Anthony P. Pires, Jr. Woodward, Fires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239- 649 -6555 Phone 239 - 649 -7342 Fax apires@wpl- legal.com Firm Website: www.wpl - legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239- 649 -6555) and immediately delete this message and all its attachments. From: Anthony Fires Sent: Thursday, March 10, 2011 11:55 AM To: 'GrimshawHeather' Cc: Pageleff; RodriguezRod; McLaughlinAlan; SummersDan; Torrelohn; OchsLeo; TeachScott; 'Freeman, Liz'; 'Lytle, Jeff'; 'Batten, Brent'; 'dhusty @news - press.com'; HillerGeorgia; HenningTom Subject: RE: Pires3.8.11prr Heather, I am not asking for a copy of the complaint or the allegations; just the public records publicly discussed, as referenced in my request and the attached BCC minutes. Anthony P. Pires, Jr. Woodward, Fires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239- 649 -6555 Phone 239- 649 -7342 Fax apires@wpl- legal.com Firm Website: www.wpl - legal.com M 69C This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239- 649 -6555) and immediately delete this message and all its attachments. From: GrimshawHeather [ mailto: HeatherGrimshaw @colliergov.net] Sent: Thursday, March 10, 2011 9:45 AM To: Anthony Pires Cc: Pageleff; RodriguezRod; McLaughlinAlan; SummersDan; Torre3ohn; OchsLeo; TeachScott Subject: FW: Pires3.8.11prr Importance: High Tony, Good morning. As to your below records request, please see the attached letter stating that those records are confidential. If you have further inquiries, please contact the County Attorney's office. Thank you. Heather Grimshaw Citizen Liaison Communication & Customer Relations Collier County Government 239 - 252 -8069 From: Anthony Pires [mailto:APires @wpl- legal.com] Sent: Tuesday, March 08, 2011 7:58 AM To: Pageleff; RodriguezRod; McLaughlinAlan; SummersDan; GrimshawHeather; Torre3ohn; OchsLeo Subject: PUBLIC RECORDS REQUEST Importance: High This is a public records request for copies of for all public records, for the period beginning September 1, 2010 up to today, [including but not limited to all emails (including blind copies sent or received)], calendars, memorandum, affidavits, recordings, statements, etc., concerning the matters discussed under County Commission Agenda Item 9A on November 9, 2010. This is also a public records request for copies of the following public records referenced or discussed at the County Commission under Agenda Item 9A on November 9, 2010: 1. the sworn statements referenced at page 55 of the attached. 2. the email and attachments from Eloy Rodriguez referenced at pages 55 and 56 of the attached. 3. Firefighter Raymond's affidavit referenced at page 58 of the attached. 4. Firefighter Peluchette's affidavit referenced at page 58 of the attached. 5. Chief McLaughlin's affidavit referenced at page 58 of the attached. 6. transcript of recording referenced at page 58 of the attached. 7. consent of all participating parties to the recording referenced at page 58 of the attached. 8. the audio recording referenced at page 58 of the attached. 9. recording of voice mail message left by Firefighter Peluchette referenced at page 58 of the attached. 10. Chief Rodriguez's affidavit referenced at page 58 of the attached i 9C Anthony P. Pires, Jr. Woodward, Fires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239- 649 -6555 Phone 239 - 649 -7342 Fax apires@wpI- legal.com Firm Website: www.wpl - legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239- 649 -6555) and immediately delete this message and all its attachments. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. <20110310073545407.pdf> Tony: As you personally know, a primary concern of any local government attorney is seek to limit the financial exposure of their client and by this the taxpayers. In keeping with that concern, it is the longstanding policy of this office to advise staff (1) to produce any record that arguably falls within a public records request; and (2) advise staff not to produce any record that arguably falls within a statutory exemption. I believe that your request asks for documents that fall within the exemption provided by F.S. Sec. 401.414(3). Since there is a dearth of opinions to give guidance on this provision, I have elected to take a conservative approach. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: Anthony Pires [mailto:APires@wpl- legal.com] Sent: Thursday, January 27, 2011 12:38 PM To: Klatzkowleff Cc: GrimshawHeather; Torrelohn Subject: FW: Pires1.18.11prr Importance: High Jeff, please see below. I am puzzled as to how the County can assert an exemption for these public records, discussed, quoted from and referred to at length in a public meeting and apparently previously copied and disseminated. Anthony P. Fires, Jr. Woodward, Fires & Lombardo, P.A. 3200 North Tamiami Trail 8 c -z Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239- 649 -7342 Fax apires@wpl- legal.com Firm Website: www.wpl - legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. From: GrimshawHeather [ mailto: HeatherGrimshaw @colliergov.net] Sent: Thursday, January 27, 2011 11:13 AM To: Anthony Fires Cc: Torre3ohn Subject: RE: Pires1.18.11prr Tony, The County Attorney's Office has found the records are privileged and confidential pursuant to Section 401.414(3), Florida Statutes, and therefore will not be released at this time. Thank you. Heather Grimshaw Citizen Liaison Communication & Customer Relations Collier County Government 239 - 252 -8069 From: Anthony Pires [mailto:APires@wpl- legal.com] Sent: Tuesday, January 18, 2011 9:36 AM To: PageJeff; RodriguezRod; McLaughlinAlan; SummersDan; GrimshawHeather; TorreJohn; OchsLeo Subject: PUBLIC RECORDS REQUEST Importance: High This is a public records request for copies of for all public records, for the period beginning October 1, 2010 up to today, [including but not limited to all emails (including blind copies sent or received)], calendars, memorandum, affidavits, recordings, statements, etc., concerning the matters discussed under County Commission Agenda Item 9A on November 9, 2010. This is also a public records request for copies of the following public records referenced or discussed at the County Commission under Agenda Item 9A on November 9, 2010: 1. the sworn statements referenced at page 55 of the attached. 2. the email and attachments from Eloy Rodriguez referenced at pages 55 and 56 of the attached. 3. Firefighter Raymond's affidavit referenced at page 58 of the attached. 4. Firefighter Peluchette's affidavit referenced at page 58 of the attached. 5. Chief McLaughlin's affidavit referenced at page 58 of the attached. 6. transcript of recording referenced at page 58 of the attached. 7. consent of all participating parties to the recording referenced at page 58 of the attached. 0 it. 9c 8. the audio recording referenced at page 58 of the attached. 9. recording of voice mail message left by Firefighter Peluchette referenced at page 58 of the attached. 10. Chief Rodriguez's affidavit referenced at page 58 of the attached Anthony P. Pires, Jr. Woodward, Fires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239- 649 -7342 Fax apires@wpl- legal.com Firm Website: www.wpi- legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239- 649 -6555) and immediately delete this message and all its attachments. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 10 9C Raine Jennifer From: KlatzkowJeff Sent: Thursday, March 17, 2011 5:10 PM To: HillerGeorgia Cc: RaineyJennifer; OchsLeo; TeachScott Subject: RE: March 22 BCC Agenda - Fire School Commissioner: In response to your query, upon the filing of the complaint, the complaint and all documents attached to the complaint became confidential and exempt from the Public Records Law under Florida Stat. Sec. 401.414(3), which provides as follows: "(3) The complaint and all information obtained in the investigation by the department are confidential and exempt from the provisions of s. 119.07(1) until 10 days after probable cause has been found to exist by the department, or until the person who is the subject of the investigation waives confidentiality, whichever occurs first. This subsection does not prohibit the department from providing such information to any law enforcement agency or any other regulatory agency." Violation of this section is punishable by fine, not to exceed $1,000 under Sec. 404.411. In addition to this, I am concerned that an intentional violation of this statute would be the basis for a tort claim filed by the party who was the subject of the complaint (who is presumably the party protected by the confidentiality), which suit would likely include the County. I am also concerned that the intentional violation of this statute would be the basis of a bar complaint. Should the disclosure of the material be in connection with a Public Records request, and you have made such a request, the Public Records law provides as follows: "The custodian of public records shall provide safeguards to protect the contents of public records from unauthorized remote electronic access or alteration and to prevent the disclosure or modification of those portions of public records which are exempt or confidential from subsection (1) or s. 24, Art. I of the State Constitution." Sec. 119.07(2)(b). Sec. 199.10 provides as follows: 119.10 Violation of chapter; penalties. (1) Any public officer who: (a) Violates any provision of this chapter punishable by fine not exceeding $500. (b) Knowingly violates the provisions of s and removal or impeachment and, in addition, commits a noncriminal infraction, 119.07(1) commits a degree, punishable as provided in s. 775.082 or s. 775. (2) Any person who willfully and knowingly violates: 1 is subject to suspension misdemeanor of the first 083. p (a Any of the provisions of this chapter commits a misdemeanor of the first ) degree, punishable as provided in s. 775.082 or s. 775.083• punishable as (b) Section 119.105 commits a felony of the third degree, p provided in s. 775.082, s. 775.083, or s. 775.084. Production of these documents to you, or anyone else for that matter pursuant to a Court order would eliminate these issues, and I am purposefully holding on to these documents should such a Court order issue. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: HillerGeorgia Sent: Thursday, March 17, 2011 3:55 PM To: Klatzkow7eff Cc: Rainey7ennifer Subject: RE: March 22 BCC Agenda - Fire School Jeff, Please state the legal basis for your denial of my request for county documents by return writing. Please also state the reason you believe you would place me in "legal jeopardy" by denying me the right to see the complaint and the underlying documents that are the basis for the complaint. This complaint was filed in the name of the County and the commissioners. How do I not have the legal right to see the complaint filed as described? If there is a statute that requires me, in my capacity as a commissioner, to hold such documents confidential, please provide the statute you are relying on. Again, a written return response is requested to this last question as well. With thanks and happy St. Patrick's Day, Commissioner Georgia Hiller From: Klatzkow7eff Sent: Thursday, March 17, 2011 3:35 PM To: Rainey7ennifer; HillerGeorgia Cc: OchsLeo; TeachScott Subject: RE: March 22 BCC Agenda - Fire School Jennifer: My position is unchanged with respect to this matter. As I previously stated to Mr. Pires, which e-mail stream I have previously provided to 2 a 9C Commissioner Hiller and which I again attach, for the reasons set forth in that e -mail stream (1) I would welcome a Court order with respect to this matter; and (2) I am holding the documents (which I have not seen, by the way) in safekeeping in case such an Order is in fact issued. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: Rainey7ennifer Sent: Thursday, March 17, 2011 3:16 PM To: Klatzkow7eff; HillerGeorgia Cc: OchsLeo; Rainey7ennifer Subject: RE: March 22 BCC Agenda - Fire School Jeff, Pursuant to Commissioner Hiller's public documents request she wants you to supply the documents from the Investigation that was initiated by the County. If you will not supply them she is considering filing a writ of mandamus. Jennifer Rainey Executive Aide to Board of County Commissioners Aide to Commissioner Georgia Hiller, District #2 3299 Tamiami Trail East, Suite # 303 Naples, FL 34112 (239) 252 -8602 (239) 252 -3602 Fax From: Klatzkow7eff Sent: Wednesday, March 16, 2011 3:13 PM To: HillerGeorgia Cc: Rainey7ennifer; OchsLeo Subject: RE: March 22 BCC Agenda - Fire School Commissioner: I fully appreciate what you are saying, but I cannot put you in legal jeopardy. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: HillerGeorgia Sent: Wednesday, March 16, 2011 2:58 PM To: Klatzkow7eff Cc: Rainey7ennifer; OchsLeo Subject: Re: March 22 BCC Agenda - Fire School Jeff, If the county filed the complaint, I, as a commissioner, should have the right to see them. 3 Georgia Hiller Commissioner, District 2 9C On Mar 16, 2011, at 2:32 PM, Klatzkow7eff <JeffKlatzkow @colliergov.net> wrote: Please see the attached. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: Rainey7ennifer Sent: Wednesday, March 16, 2011 2:15 PM To: OchsLeo; Klatzkow7eff Cc: Rainey7ennifer; HillerGeorgia Subject: FW: March 22 BCC Agenda - Fire School Leo /Jeff, Commissioner Hiller understands that the State has sealed the records on the EMS investigation; however doesn't believe it seals the County records. She wants the documentation to attach to the agenda item for the 3.22.2011 BCC meeting. If there is a statute or ordinance that precludes you from supplying the information please send it to her. With Thanks on behalf of Commissioner Hiller, Jennifer Rainey Executive Aide to Board of County Commissioners Aide to Commissioner Georgia Hiller, District #2 3299 Tamiami Trail East, Suite # 303 Naples, FL 34112 (239) 252 -8602 (239) 252 -3602 Fax From: OchsLeo Sent: Monday, March 14, 2011 10:12 AM To: MitchellIan Cc: HillerGeorgia; Klatzkow7eff; Rainey7ennifer Subject: FW: March 22 BCC Agenda - Fire School Ian, As discussed and consistent with BCC practice, I will leave these items for your office to coordinate entry into the agenda system. Thanks. 4 Leo 9C From: HillerGeorgia Sent: Thursday, March 10, 2011 1:08 PM To: OchsLeo; Klatzkowleff Cc: Rainey3ennifer Subject: March 22 BCC Agenda - Fire School Leo, Please add the following to the March 22 agenda: 1. Direction to the County Attorney to draft an amendment to the TDC ordinance to allow the TDC to direct the Tourist Development and the Coastal Zone staff to act at the TDC's direction, independent of direction from the County Manager. The TDC, including members of the BCC that sit on the Council, are currently bound by the County Manager's Ordinance. The County Manager does not wish to attend the TDC meetings, however, he does not have the authority to allow a member of the TDC or the BCC to direct staff since such delegation is not permitted by the County Manager's Ordinance. This amendment is recommended by County Attorney Klatzkow. Time certain - 9:30 AM 2. Discussion to update the community as to the complaint filed by Collier County EMS against the Paramedic Training School accused by Collier of improprieties. Motion to close the County's investigation of this matter. Please attach the letter that I introduced on the record at the last meeting. Please also attach all county records related to the investigation of this school, since the investigation has been closed by the State. Time certain - 10 AM. Thank you for your attention to these matters - Commissioner Georgia Hiller Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: KlatzkowJeff Sent: Friday, March 11, 2011 4:06 PM To: 'Anthony Fires' Cc: TeachScott E Subject: RE: Pires3.8.11prr K 9C Tony: I have reviewed the matter once last time and my opinion has not substantively changed from my e -mail to you of January 27th,a copy of which is attached. My understanding is that the records you are looking for were never produced during any public meeting, nor are they part of the minutes and records of any public meeting, but were simply attached to the complaint and referred to during a Board meeting. My further understanding is that pursuant to F.S Sec. 401.414(3), unless and until the person who was the subject of the investigation waives confidentiality, that these records must remain confidential and exempt from the public records requirements. As set forth in the attached the State has demanded the very same of us. We have requested that Jeff Page hand over all responsive documents to our Office, which we will maintain for safe keeping. They will be made available to you should you obtain the necessary waiver, or pursuant to Court Order. Jeffrey A. Klatzkow County Attorney (239) 252 -8400 From: Anthony Pires [mailto:APires @wpl- legal.com] Sent: Thursday, March 10, 2011 4:17 PM To: Klatzkow]eff Subject: FW: Pires3.8.11prr Please see below. Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239- 649 -6555 Phone 239- 649 -7342 Fax apires @wpl- legal.com Firm Website: www.wpl- legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. 1a 9C From: Anthony Pires Sent: Thursday, March 10, 2011 11:55 AM To: 'GrimshawHeather' Cc: Page7eff; RodriguezRod; McLaughlinAlan; SummersDan; Torre]ohn; OchsLeo; TeachScott; 'Freeman, Liz'; 'Lytle, Jeff'; 'Batten, Brent'; 'dhusty @news- press.com'; HillerGeorgia; HenningTom Subject: RE: Pires3.8.11prr Heather, I am not asking for a copy of the complaint or the allegations; just the public records publicly discussed, as referenced in my request and the attached BCC minutes. Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239- 649 -6555 Phone 239- 649 -7342 Fax apires @wpl- legal.com Firm Website: www.wpl - legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239- 649 -6555) and immediately delete this message and all its attachments. From: GrimshawHeather [mailto:HeatherGrimshaw @colliergov.net] Sent: Thursday, March 10, 2011 9:45 AM To: Anthony Pires Cc: Page7eff; RodriguezRod; TeachScott Subject: FW: Pires3.8.11prr Importance: High McLaughlinAlan; SummersDan; Torre7ohn; OchsLeo; Tony, Good morning. As to your below records request, please see the attached letter stating that those records are confidential. If you have further inquiries, please contact the County Attorney's Office. Thank you. Heather Grimshaw Citizen Liaison Communication & Customer Relations Collier County Government 239 - 252 -8069 7 *9C From: Anthony Pires [mailto:APires @wpl- legal.com] Sent: Tuesday, March 08, 2011 7:58 AM To: PageJeff; RodriguezRod; McLaughlinAlan; SummersDan; GrimshawHeather; Torrelohn; OchsLeo Subject: PUBLIC RECORDS REQUEST Importance: High This is a public records request for copies of for all public records, for the period beginning September 1, 2010 up to today, [including but not limited to all emails (including blind copies sent or received)], calendars, memorandum, affidavits, recordings, statements, etc., concerning the matters discussed under County Commission Agenda Item 9A on November 9, 2010. This is also a public records request for copies of the following public records referenced or discussed at the County Commission under Agenda Item 9A on November 9, 2010: 1. the sworn statements referenced at page 55 of the attached. 2. the email and attachments from Eloy Rodriguez referenced at pages 55 and 56 of the attached. 3. Firefighter Raymond's affidavit referenced at page 58 of the attached. 4. Firefighter Peluchette's affidavit referenced at page 58 of the attached. 5. Chief McLaughlin's affidavit referenced at page 58 of the attached. 6. transcript of recording referenced at page 58 of the attached. 7. consent of all participating parties to the recording referenced at page 58 of the attached. g, the audio recording referenced at page 58 of the attached. 9. recording of voice mail message left by Firefighter Peluchette referenced at page 58 of the attached. 10. Chief Rodriguez's affidavit referenced at page 58 of the attached Anthony P. Pires, Jr. Woodward, Fires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239- 649 -6555 Phone 239- 649 -7342 Fax apires @wpl- legal.com Firm Website: www.wpl- legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239- 649 -6555) and immediately delete this message and all its attachments. J