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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) 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. l qD 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