ALLEN NORTON « BLUE PROFESSIONAL ASSOCIATION 906 North Monroe Street # Tallahassee, Florida 32303 Telephone 850-561-3503 «Facsimile 850-561-0332 April 24, 2015 VIA UNITED STATES MAIL AND ELECTRONIC MAIL jkimn246@gmail.com! Ms. Maren DeWeese 2435 Semoran Drive Pensacola, Florida 32503 Re: Tamara Fountain Dear Ms. DeWeese, Lam in receipt of your e-mail dated April 23, 2015 concerning the William Reynolds v. City of Pensacola lawsuit, which is addressed to Bradley Odom, Mr. Reyonlds’ attomey. I am responding to correct several factual and legal assertions made in your e-mail. Initially, it should be noted that Tamara Fountain is responsible for, and has direct supervision of the City's Airport, including its Interim Airport Director under the City’s organizational structure now and at the time of your public records request. Accordingly, your claim that Dick Barker was the Interim Airport Director’s superior at the time of your public records request is misplaced. Notwithstanding the relevancy of the foregoing, the document attached to your email (an e-mail between Ms, Fountain and Dan Flynn and the forwarding of that e-mail to consultant Chip Henderson with Emagination) is a public record. The document is neither confidential nor exempt under Chapter 119, Florida Statutes. That is precisely why it was produced to you pursuant to your public records request. Therefore, Ms. Fountain did not “leak” confidential information or deprive “Mr. Flynn of his rights as an employee to confidentiality regarding his employment matters” as you allege, As a public employee, Mr. Flynn’s personnel records are public records. See F. S. 119.07(1); Michel v. Douglas, 464 So..2d 545 (Fla. 1985); and Alterra Healthcare Corporation v, Estate of Shelley, 827 So. 2d 936, 940 n4 (Fla. 2002). Lastly, Ms. Fountain’s actions in forwarding this public record to Mr. Henderson are not “remarkably similar” to the conduct of Mr. Reynolds. As you know, the document(s) you surreptitiously received from Mr. Reynolds were not public records and were exempt under F. S. 119,071(2)(g)l.a. and 2. Moreover, there were additional circumstances, not present here, that resulted in Mr. Reynolds” separation from the City. Please know that the City considers these reckless accusations against Ms. Fountain to be defamatory. I trust that this correspondence Miami * Orlando Tallahassee ¢ Tampa fate of Workaw’ Network: The Nationwide Network of Management Labor and Employment Law Firms tb fenwwanblawvcom » hitp//ewitercom/anblawApril 24, 2015 Page 2 adequately addresses your concerns and that you will focus your efforts to assist Mr. Reynolds in his lawsuit in a factual manner. Sincerely, tae Robert E. Larkin, 111 REL/s| ALLEN, NORTON & BLUE, PA, PROFESSIONAL ASSOCIATION