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vs.
BOB GUALTIERI
IN HIS OFFICIAL CAPACITY AS
SHERIFF OF PINELLAS COUNTY,
FLORIDA.
Defendant.
__________________________________/
“SHERIFF”), admit or deny the following by such time as provided by the Florida Rules
of Civil Procedure:
1. Admit that the Sheriff or any of his employees, failed to respond in any way to
2. Admit that from 2012 through December of 2016, the Sheriff never had a policy
in place for tracking the number of minutes that are actually expended on
3. Admit that the Sheriff or any of his employees, made estimates for public records
formulas that were used to estimate the number of hours and minutes required for
the time it would take to produce public records requested from 2012 through the
present date.
5. Admit that there was no way of accurately estimating the number of minutes or
hours that would be required to fulfill each public records requests that were
6. Admit that the Sheriff had no policy, directive, or procedure in place for having
his employees document the estimated or the actual number of minutes or hours
to complete a public records request when calculating the costs for the requests.
7. Admit that the method used by the Sheriff or any of his employees, to estimate
the number of hours or minutes that would be required to produce public records,
8. Admit that the method used by Sheriff or any of his employees to estimate the
would often over estimate the number of minutes to produce those records.
9. Admit that Sheriff and/or any of his employees in the public records department
were aware of the fact that the Sheriff’s system used to estimate the time required
10. Admit that the Sheriff and the Pinellas County Sheriff’s records department were
aware of the fact that the system used to estimate the time required to fulfill
public records requests would routinely over estimate the time required.
11. Admit that the Sheriff and/or any of his employees informed public records
requesters in writing that if the estimates given to produce public records were
more than the time required to produce the records, or if it took less time to
12. Admit that the Sheriff has never had an official policy in place from 2012
13. Admit that the Sheriff has never had an official policy in place from December
2016 to the present, to track or monitor the actual number of hours or minutes that
14. Admit that Sheriff had no standard policy or practice in place to track or monitor
the actual number of hours or minutes that it took to produce the records from
15. Admit that Sheriff had no standard policy or practice in place to track or monitor
the actual number of hours or minutes that it took to produce the records from
16. Admit that Sheriff and/or the Pinellas County Sheriff’s records department would
not track or monitor the actual time it took to produce public records that were
17. Admit that the Sheriff and/or the Pinellas County Sheriff’s records department
regarding the actual time expended or actual costs to produce public records for
18. Admit that the Sheriff and/or the Pinellas County Sheriff’s records department
regarding the actual time expended or actual costs to produce public records for
or monitor the actual time used to verify if the estimates that they provided were
accurate for public records requests made from 2012 through December 2016.
20. Admit that Sheriff and/or the Pinellas County records department failed to track
or monitor the actual time used to verify if the estimates that they provided were
accurate for public records requests made from December 2016 through the
present.
21. Admit that Sheriff and/or the Pinellas County Sheriff’s records department
destroyed public records that would verify the number of hours or minutes
22. Admit that Sheriff and/or the Pinellas County Sheriff’s records department
destroyed public records that would verify the number of hours or minutes
23. Admit that the Sheriff and/or the Pinellas County Sheriff’s records department
and/or actual costs expended to individuals requesting public records from 2012
24. Admit that the Sheriff and/or the Pinellas County Sheriff’s records department
25. Admit that Plaintiff, James McLynas, requested on multiple occasions that the
Sheriff and/or the Pinellas County Sheriff’s records department provide and all
documentation supporting the methods used to verify the actual time or actual
costs spent on producing records requested by James McLynas from 2012 to the
present date.
26. Admit that even after Plaintiff, James McLynas, requested that the Sheriff and/or
or verification of how actual time was tracked or monitored by the Sheriff or his
27. Admit that it is a violation of Title X, Chapter 119 for the Sheriff and his office to
either profit from public records requests or bill the public for public records
requests when Sheriff and his office could not verify the actual costs to produce
those records.
28. Admit that routinely over estimating the time and costs associated with public
costs” and then failing to provide refunds for any over charges in public records
29. Admit that from 2012 through December 2016, the Sheriff and/or his department
requests costs, by failing to verify those actual costs as promised in the Sheriff’s
responses to the requests, and by failing to provide refunds for over charges for
the public records requests, consisted of wire and/or mail fraud as the Sheriff and
or his department responded to these public records requests via email or U.S.
Mail.
30. Admit that the Sheriff and/or his department failed to have a policy or practice in
place from 2012 through December 2016 that would ensure that employees of the
department would not complete or conduct any other tasks during the period of
time that the records requester was being billed to produce those records.
31. Admit that from 2012 through December 2016, the Sheriff and the Sheriff’s
records department would routinely fail and refuse to provide public records
requestors with records produced during the allotted free time without being
charged, unless public records requestor paid for fees that concerned time periods
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that the foregoing has been has been furnished by
electronic email to defense attorney for the Sheriff, Nicole E. Durkin, Esq.,
ndurkin@pcsonet.com, and to amarcott1@pcsonet.com on this April 11, 2019.