Backup Documents 02/24/2009 Item # 9D9D
tuckersam
From: Sue M. Barbiretti [ Sue.Barbiretti @collierclerk.com] on behalf of Dwight E. Brock
[Dwight. Brock @collierclerk. com]
Sent: Monday, February 23, 2009 8:39 AM
To: Fiala d
Cc: ColettaJim; CoyleFred, HalasFrank; henning_t, muddJ; Klatzkow Leff, Thomas R. Grady
Subject: Response To Your Invitation
Attachments: Feb 20- 09.pdf
Feb 20- 09.pdf (20
KB)
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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.
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Cognty, of Collier
CLERK OF THE CIRCUIT
Dwight E. Brock COLLIER COUNTY URT401
3301 TAMIAMI TL EAST
Clerk of Courts P.O. BOX 4 X044
February 20, 2009 NAPLES, FLORIDA131101 -3C�
The Honorable Donna Fiala
Chairman, Board of County Commissioners
3301 Tamiami Trail East
Naples, FL 34112
Dear Chairman Fiala:
r�r
COURT
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Thank you for your letter of February 18, 2009 and your invitation to appear before the Board on February 24. With
all due respect, and after discussion with counsel, I believe it would not be productive for me to appear, and would
waste additional taxpayer resources. In addition, your invitation follows your recent decision to spend even more
money pursuing litigation opposing transparency and accountability in government, and forcing my office to do the
same. In light of the timing of these matters, it is clear that your invitation is part of your trial strategy and, as such,
will be declined.
On the other hand, please remember that it has been less than a year when you wanted us to review the investment
portfolio with the Board. I employed an expert, at great taxpayer expense, to review the portfolio and provide you a
thorough and comprehensive analysis. My investment policies are unchanged since that prior expensive
presentation, and no valid purpose exists to justify incurring that expense again, especially during our current
economic difficulties (I do not consider the Board's litigation strategy to be a valid purpose). We post the entire
portfolio makeup on our web site monthly for everyone to review. In addition, you have hired an accounting firm to
review the portfolio at a cost of approximately $25,000. The Board then required my staff to copy, pursuant to a
public records request, 16,998 copies of documents, many of which you had previously received on multiple
occasions through the litigation, not only from us, but also from Fifth Third Bank. You have continued to refuse to
pay the statutory cost of those copies, and I again make demand for that payment.
I made an offer to resolve this investment issue by requesting an Attorney General's opinion on April 4, 2007 which
this Board refused out of hand. This Board again had the opportunity, at the last Board of County Commissioners
meeting, to bring the litigation to a close once and for all but decided to continue to expend taxpayer dollars pressing
the litigation. We will therefore continue to proceed in that context.
I have been willing in the past and continue to remain agreeable to mediate any aspect of this case as long as it is
done in a public forum. If you have any desire to discuss mediation your counsel can contact Mr. Grady at any time.
y oircuit Court
DEB /sb
C: Board of County Commissioners
J. Mudd, County Manager
J. Klatzkow, County Attorney
T. Grady
Phone - (239) 732 -2646 Fax - (239) 775 -2755
Website: www.clerk.collierfl.us Email: collierclerk (a,clerk.collier.fl.us